Morris v. Robey

Citations

• 73 Ill. 462

Syllabus

<p>1. Sale on execution—inadequacy of price alone, not ground for equitabie reUef Although inadequacy of price on an execution sale may he no ground for equitable relief, without additional circumstances to justify it, yet if there are, in addition to such inadequacy of price, irregularities in the sale, such as selling several tracts or lots in gross, without first offering them separately or in lots of two or more, and less than the whole, equity will interfere and set the sale aside.</p> <p>2. Same—mode of selling, where several lots are embraced in levy. Where several tracts of land are levied on, it is the duty of the officer to offer each tract separately, and if one tract will not sell separately, to add another to it, and so on until all the tracts are offered, and if not then sold, he may, upon a reasonable hid, sell the whole en masse.</p> <p>3. Same—purchaser chargeable with notice of irregularity. The purchaser at a sale on execution is chargeable with notice of the value of the property and of its situation, and of the legal rules bearing upon the transaction.</p> <p>4. Same—when relief against, is in equity. Where a third person becomes the purchaser at an execution sale, the proper remedy against such sale, if irregular, is in a court of equity, and not on motion to set aside the sale in the court of law out of which the execution issued.</p> <p>o. Same—within what time equity will relieve against. Where a sale of property in gross produces a great wrong, a court of equity will entertain jurisdiction two or three years after the sale, and afford relief, if the purchaser has not parted with his title and a reasonable excuse is shown for the delay.</p>