Hyman v. Bogue

Citations

• 135 Ill. 9
• 26 N.E. 40

Syllabus

<p>1. Redemption—from judicial sale—is a statutory right. ■ The right of redemption from a judicial sale is a statutory right, and must be exercised in pursuance of the statute, otherwise it will be ineffective.</p> <p>2. Same—decree cutting off redemption—can not defeat the statutory right. The fact that a decree may have directed an absolute sale without redemption, or that a sale is made in pursuance of such a decree, and a deed is executed by the master to the purchaser or his assignee, constitutes no obstacle to a redemption in the mode prescribed by the statute. It is the statute that gives the right, and a decree denying the right is inoperative.</p> <p>3. Same—bill to redeem—as seeking to avail of the right given by statute-prerequisites. A bill seeking to enforce the right of redemption of land given by the statute is bad, if it does not show an attempt to exercise the right in the usual statutory mode. So a bill containing no averments that the complainant had paid or tendered the redemption money to any person authorized to receive it, or that he had taken any of the steps prescribed by the statute to effect a redemption,-and which merely alleges a readiness to redeem and offer to pay the redemption money, but none is tendered or brought into court, is insufficient.</p> <p>4. Same—in what cases redemption allowed—of a sale of a trust estate for the purpose of distribution. The statute allows redemption from judicial sales in the following oases, only: Sales under execution, judgment or decree, for the foreclosure of mortgage, or enforcement of me-. chanic’s lien or vendor’s lien, or for the payment of money. A judicial sale in execution of a trust, when the purpose of the trust can be accomplished only by converting land into money, is not included in section 16, of chapter 77, of the Revised Statutes.</p> <p>5. So where land held by trustees, to be sold and converted into money, and distributed to the beneficiaries of the trust at the proper time, is sol