Kaufman v. Smallwood
Citations
- 36 Ill. 504
Syllabus
<p>Redemption fbom sheriff’s sale. Where the purchaser of land at a sheriff’s sale received from the judgment debtor a portion of the redemption money and agreed to wait a few days for the residue: Held, that by accepting a part of the redemption money without a stipulation reserving his right to a deed in case of failure by the debtor to pay the balance, he so far waived his legal rights that he was not entitled to a deed without tendering back the money he had received, or at least giving notice of his intention to rescind the arrangement and take out a deed, unless the balance should be paid in a reasonable time.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- creating life estate where conveyance made clear that each spouse’s share would be devised to his or her heirs upon death of last-surviving spouse
- “[I]f at any time a joint tenancy or tenancy in common is desired to be created between man and wife, a joint estate will be treated as such, if that intention is clearly expressed in the deed or will.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lawrence
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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