Holmes v. Shaver

Citations

• 78 Ill. 578

Syllabus

<p>1. Judicial sales—caveat emptor applies. In the absence of all fraud, a court of equity can not relieve a purchaser at a judicial sale on the ground that the title fails. The maxim caveat emptor .applies the same in equity as at law, in respect to such sales.</p> <p>3. Same—failure of consideration. Where land is purchased on execution, and the same is redeemed by a judgment creditor, and the purchaser at the first sale again bids off the same, and, by an arrangement with the redeeming creditor, gives his notes for the amount of his bid, and receives a certificate of purchase, a court of equity will not enjoin the collection of the notes on the ground that a prior mortgagee has instituted proceedings to have both sales set aside. In such case, there is no failure of consideration.</p> <p>3. Judgment—in another county—time of filing to hold real estate. The question of diligence in giving notice by a judgment creditor of the recovery of a judgment in another county, upon which a redemption of land from a prior sale is made, does not arise, unless there are intervening creditors to be affected by it. The purchaser at the prior sale can not raise this question.</p>