Jackson v. Spink

Citations

• 59 Ill. 404

Syllabus

<p>1. Sheriff’s sale—voidable—adjourned. A sheriff, after giving the requisite notice of time and place of the sale of land, under an execution, aud on the day named in the notice, at the request of plaintiff’s attorne)-, adjourned the sale for one day, when the property was offered and bid in by the plaintiff in execution, and after receiving a deed, the land was sold to third persons, and by mesne conveyances came to defendant: Held, that such an adjournment did not render the sale void, but voidable by appropriate proceedings commenced in apt time.</p> <p>2. Same—ratification—waiver of irregularities. The acquiescence in such a sale, by the defendant in execution, for about seven years, must be regarded as a ratification of the irregularity in the sale, and the heirs of the defendant in execution can not take advantage of the non-compliance with the statute in making the sale. Nor can such an irregularity be urged in a collateral proceeding.</p> <p>3. This irregularity, like the failure to sell in smaller tracts when land is susceptible of division, or selling the land on which the debtor resides before his other lands have been sold, may be waived by the execution debtor.</p> <p>4. Same—return of sale not essential. It is not necessary to the validity of the sale of real estate, that the officer should make a return of the sale on the execution. The law does not require it. The purchaser may rely upon the judgment, the execution and the sheriff’s deed. His title will not be affected by an imperfect return, or t}ie want of a return. The deed is evidence that the law has been complied with, until the contrary is shown. The cases of Thornton v. Boyden, 31 Ill. 200, and Botsford v. O'Conner, 57 Ill. 72, considered and limited.</p> <p>5. Certificate of register of land office—title subject to levy and sale. The certificate of the register of the United States land office, of the entry of land, confers such a title on the purchaser as may be levied upon aud sold under