McConnell v. People

Citations

• 71 Ill. 481

Syllabus

<p>1. Estoppel—a party is estopped to question the application of funds to the payment of his debt made xciih his assent. Where an officer, who sells personal property on an execution, applies the surplus of the proceeds of the sale to the payment of a chattel mortgage, executed hy the defendant in execution upon the property so sold, and the owner is present, and assents to such application, he is estopped from afterwards calling in question the disposition of such surplus.</p> <p>3. Sheriff’s sale—application of proceeds of sale of personal property, afterpayment of execution. Where a sheriff, hy virtue of an execution in his hands against the owner of personal property upon which there was a chattel mortgage, executed by the owner, levied upon such personal property, and advertised it for sale, under the execution, upon a certain day, and the owner of the chattel mortgage directed the sheriff to sell the property under the chattel mortgage at the same time he sold under the execution, and the sheriff did so, without giving any further notice of such sale than the one under the execution, and applied the proceeds to the satisfaction both of the execution and the mortgage debt, and the owner of the property had notice that it was the intention of the mortgagee to have the property thus sold, and was present at the sale, and, after it was over, inquired whether there was any balance after paying the execution and mortgage debt, and stated if there was he wanted it, it was held, that the owner’s conduct in not making objection amounted to an acquiescence in, or assent to,the payment of the mortgage debt out of the proceeds of the sale, and that he was estopped from calling it in question.</p>