Heberer v. Heberer

Citations

• 67 Ill. 253

Syllabus

<p>1. Judicial sale—inadequacy of price. Where lands sold under a decree of partition brought very nearly their appraised value, and the proceedings were regular in all respects, and the sale properly advertised, there being no proof of any fraud or misrepresentation, and the purchaser had paid the money required, secured the balance and received a deed, on motion to set the sale aside, it appeared that two persons offered, in case of a re-sale, to bid $280 more than the land brought at the sale. The court set aside the sale: Held, that the court erred in setting aside the sale and ordering a re-sale, the proof failing to show clearly that there had been a sacrifice of the property.</p> <p>2. Inadequacy of price is not, of itself, sufficient to set aside a judicial sale, unless it is so grossly inadequate as to establish fraud.</p> <p>3. Practice in Supreme Court-cross-errors. Where a judicial sale was set aside on motion in the circuit court, and the report of sale not confirmed, on appeal by the purchaser from such order, the other party can not assign cross-errors attacking the original decree rendered at a prior term, under which the sale was made.</p>