McCormick v. Wheeler, Mellick & Co.

Citations

• 36 Ill. 114

Syllabus

<p>_ 1. Sheriff’s Advertisement ofsale OF LANDS—its requisites — and herein when and how and by whom objection must be made thereto. A sheriff's advertisement of a sale of land under execution merely gave notice that it would take place between the hours of 9 o’ clock a. m. and the setting of the sun on the same day, not specifying any particular hour for the sale. Whether, on motion by the defendant in the execution, the court would set aside the sale made undersueh a notice, would probably depend upon the circumstances of each particular case, to be shown to the court by affidavit.</p> <p>2. But in order to raise the question, the motion must be made by the defendant in the execution, and .in apt time. The objection cannot be taken collaterally, nor by third persons.</p> <p>3. Amendment ob records — when allowable, and who shall be affected {hereby. Where a court has sustained a motion to set aside a sale of land in satisfaction of an execution, but no entry thereof has been made of record, it is not improper, so far as it relates to the parties to the judgment upon which the execution issued, upon notice to the party against whom the motion was made, to amend the record by the minutes entered upon the judge’s docket, by inserting therein an order consistent with the action of the court on the motion.</p> <p>4. Nor would it boau improper practice to allow such an amendment to be made, even pending the trial of an action of ejectment for other premises, where the title of one of the parties depends upon a sale under execution issued upon the same judgment subsequently to the setting aside of the prior sale, reserving the consideration by the court, who was trying the ejectment suit without a jury, of the effect of such amendment as to the parties to that suit, if they were different from the parties to the judgment.</p> <p>5. But such an amendment of the record cannot be allowed to have a retroactive effect as against persons not parties to the original record. All