Gibbons v. Bressler

Citations

• 61 Ill. 110

Syllabus

<p>1. Equity—setting aside a sale on attachment—for fraud. If a person, knowing another is not indebted to him, makes a false affidavit, procures a writ of attachment, has it levied on lands of the defendant, obtains a judgment and execution, buys in the land and obtains a sheriff’s deed, a court of equitjr will set aside the sale on such facts being made to appear, ou the ground of a fraudulent abuse of the process of the court.</p> <p>2. Written instrument—parol evidence to vary. A party can no more vary the terms of a written agreement by parol in a court of equity than in a court of law. Verbal understandings can not be proved for such purpose.</p> <p>3. Judgment in attachment—sale of property—satisfaction. Whatever may he the legal effect of a judgment in attachment on constructive notice, a sale of property thereunder, for only a portion of the debt, can not be treated as a satisfaction of the claim upon which the judgment is based, beyond the amount of the sale.</p> <p>4. Jurisdiction—in attachment. An affidavit filed, a bond given, an attachment issued and levied, publication made and proof thereof, confer jurisdiction upon the court; and although the court may have erred in applying the law to the facts, still the judgment is not void.</p> <p>5. Equity. Where a judgment is not void, hut only erroneous, a court of equity will not set it aside, although ii might he reversed on error. It is not the province of a court of equity to correct errors of courts of law.</p> <p>6. Sale—inadequacy of price. Where there is no proof that a sheriff’s sale was not conducted fairly, and the property sold had no definite market value, a court of equity will not set aside the sale, for inadequacy of price.</p>