Mathison v. Prescott

Citations

• 86 Ill. 493

Syllabus

<p>1. Judicial sale—ground for setting aside. Where tho plaintiff’s attorney agreed with a defendant in a suit at law to give him notice before taking any further proceedings, but took a default and had the damages assessed without any such notice, and the attorney then assured the defendant that no proceedings should be taken on the judgment without notice to him or his attorneys; and afterwards, without any notice, an execution was issued and levied on the defendant’s land, worth $10,000, and sold to the plaintiff in execution for $103.66, and a sheriff’s deed made witho.ut the knowledge of the defendant in the execution, it was held, that the defendant had the right to rely on the promise made by the plaintiff’s attorney, and that the subsequent proceedings without notice were a fraud upon the defendant, and as against the plaintiif in the execution and his assignee chargeable with notice a court of equity would set aside the sale and allow a redemption.</p> <p>2. Notice — of equity, by possession. 'When a person purchases property in the open and visible possession of another, he will be chargeable with notice of all the claims, legal or equitable, of the party in possession. 1</p>