Hay v. Baugh

Citations

• 77 Ill. 500

Syllabus

<p>1. Homestead—whether adjoining lot constitutes part of. Where the lot upon which a debtor resides is worth more than §1000, an adjoining lot, though in the same inclosure, will not be exempt from levy and sale as constituting a part of the homestead.</p> <p>2. Judicial sale—selling two distinct lots together. Where two distinct lots are sold en masse on execution, the judgment debtor, or his grantee succeeding to his rights, will have the right to have the sale set aside before the right of redemption expires, by motion, unless special circumstances are shown rendering a sale en masse proper.</p> <p>' 3. It is the duty of an officer, under execution, to sell land levied upon in such quantities and manner as to produce the highest price and work the least injury to the debtor; andan entire tract of land should be sold in separate parcels only when it will not produce injury to the debtor.</p> <p>4. Same—after delay, equity will not set asidle, except in case of fraudy wrong or oppression. Where a judgment debtor, or his grantee, has ample remedy by motion”to set aside a sale of lands on execution, and fails to avail of it, he will be required, on bill in chancery after the time of redemption has expired, to show a case loudly calling to equity for relief, before the sale will be set aside. He must show a strong case of fraud, wrong or oppression, accompanied with an offer to pay the purchase money and interest.</p> <p>5. Same—as against subsequent purchaser. Where property sold under execution, after sheriff’s deed, is sold and conveyed to another, before a court of equity will interfere to set aside the sale, it must he shown that the last purchaser is chargeable with fraud, or other inequitable conduct connected with the sale, or at least is chargeable with notice of such conduct.</p> <p>6. Qamm—purchaser from defendant in execution succeeds to his rights. A purchaser of land sold under execution, from the execution debtor, succeeds to all the rights and equitie