Fergus v. Woodworth

Citations

• 44 Ill. 374

Syllabus

<p>1. Homestead—mortgagor. To entitle a mortgagor to a homestead in the mortgaged premises, such mortgagor must not. only he the head of a family, hut, at the time of mortgaging, therewith reside and so continue to reside on the mortgaged premises.</p> <p>2. Sale—judicial—where impeachable for being en masse. A sale of property by a judicial officer ought not to be set aside, except for such irregularities as manifestly produce injustice and wrong. If, however, a sale of property in gross produces such inadequacy of price as to amount to a great wrong and oppression, a court of equity might entertain jurisdiction, even two or. three years after the sale, and afford relief against the purchaser if ho had not parted with the title, upon • reasonable excuse being shown for the delay.</p> <p>3. Purchaser—decree—effect of reversed. If a judgment or decree he reversed for error after sale of property thereunder, it is a settled principle of the common law coeval with its existence, that the defendant shall have restitution of the purchase money, and the purchaser shall hold the property sold, except where the plaintiff in the judgment or decree becomes purchaser and still holds the title.</p> <p>4. Same—notice Ms pendens. The rule of notice lis pendens does not apply to a purchaser under a decree of foreclosure who is not a party to the record. The law does not require such purchaser to inspect the record, and to see that it is free from errors. He only has to see that the court has jurisdiction, and there is such a judgment or decree, unreversed, as authorizes the sale.</p>