Jenkins v. Merriweather

Citations

• 109 Ill. 647

Syllabus

<p>1. Process—sale on execution—power of the court over them, on motion. Courts of record exercise the power to control their process as long as the proceeding is in fieri. Under this practice the court may, upon motion, on proper grounds, withdraw and quash executions and other writs, and set aside sales of real estate before they ripen into titles.</p> <p>2. Same—when sale set aside only in equity. After the deed for real estate sold under execution has been made, the court has no power, on motion, to set aside the deed or set aside the sale. It must be impeached, if at all, in equity, unless there was no judgment or execution, or the court had no jurisdiction to render the judgment. Section 65 of the Practice act has no application to motions to set aside judicial sales, but refers to writs of execution, replevin bonds, and the like.</p> <p>3. Same—ease where court refused to set aside sale, etc. Where a judgment was assigned after a levy upon various parcels of real estate, and the assignee became the purchaser of the lands, portions of which he had sold and conveyed to other persons after receiving the sheriffs deed, it was held, that the execution under which the sale was made, a venditioni exponas, could not be set aside on mere motion.</p>