Smith v. Huntoon

Citations

• 134 Ill. 24
• 24 N.E. 971

Syllabus

<p>1. Sale on execution—plaintiff as the purchaser—chargeable with notice of irregularities. Where the judgment creditor becomes the purchaser of property, he will be chargeable with notice of all irregularities-in the proceedings.</p> <p>2. Same — assignee of such purchaser — also chargeable with notice.. Where the plaintiff in a judgment becomes the purchaser of land, and assigns his certificate of purchase, the assignee will occupy the same position as the assignor did before the transfer. The rule that applies, to strangers purchasing at judicial sales, or to a 0 purchaser in good faith and for value from one who has acquired title under a judicial sale, can have no application to such assignee.</p> <p>3. A voluntary assignee of a certificate of purchase, purchasing from the plaintiff in the execution, and paying only the amount of his bid, stands in the shoes of his assignor and succeeds to all his rights, but to-none other, and the certificate in his hands will be chargeable with all the infirmities which existed against it in the hands of the assignor.</p> <p>4. Same—sale of lands en masse. A sale of land en masse, on execution, when it is susceptible of division, and a smaller portion would, if offered, have satisfied the debt, is irregular. When a needless sacrifice of the debtor’s property is made, that circumstance, with inadequacy of price, affords ground for equitable relief.</p> <p>5. Same—inadequacy of price. Although gross inadequacy of price alone will not be sufficient to avoid a sale under judicial process, yet it will, when combined with irregularity in making 'the sale, or even-slight circumstances indicating unfairness or fraud, furnish sufficient ground for equitable interposition.</p> <p>6. Attachment—notice to debtor—inquiry to find residence. The-statute contemplates that if the residence of the defendant in attachment is not known, diligent inquiry shall be made to ascertain the same. If such inquiry is not made when it might be available,