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· 1/15/1868

McMullen v. Gable

Citations

  • 47 Ill. 67

Syllabus

<p>1. Judicial sales—inadequacy of price. As a general rule, mere inadequacy of price is not a sufficient cause for setting aside a sheriff’s or a master’s sale.</p> <p>2. Same—sale en masse. A sale of a tract of land upon execution, will not be set aside, merely because it was not offered in separate parcels, although susceptible of division, when it appears that no benefit would have resulted from such action, or any sacrifice of the property been prevented, and that no request to make such division had been made.</p> <p>3. Same—stability given to judicial sales. The interest of debtors, requires that stability should be given to judicial sales, aud that they should not be set aside, unless mistake, accident, fraud, or the violation of some duty by the officer, or purchaser, has occurred.</p> <p>4. Same—wkm relief wiU not be afforded. In general, relief will not be afforded when the sale has been regular, and no duty, or requirement of the law, has been omitted, although hardship may have resulted therefrom.</p>

Judges: Walker

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