Sowards v. Pritchett

Citations

• 37 Ill. 517

Syllabus

<p>1. Notice of sales—posting them, in public places. A decree for the sale of land directed notices thereof to be posted in five public places in the neighborhood. Upon exceptions taken to the report of the sale, it appeared two of the notices were posted at school-houses, but it did not appear they were being occupied at the time ; though, even if that were so, the court were not prepared to say they could judicially know that they would afford notice to a single man in the neighborhood.</p> <p>2. The othjr notices were posted upon roads, one of them only being mentioned as a public road, leaving it rather to be implied the others were not. Six persons living in the vicinity of the land had never seen any of the notices, and none were posted about the court-house, nor was any published .in the county newspaper. But few persons attended the sale, and the property sold for about two-thirds of its value. Held, the notice of the sale was not' sufficient.</p> <p>3. Same—of the necessity of sufficient notice. Whether the want of sufficient notice of such a sale operated to prevent coinpetition thereat, or was occasioned by design or accident, will make no difference. There must still have been proper notice.</p> <p>4. Same—of the ■time for which notice should he given. The decree for the sale fixed no time for which notice should be given. In this case, only twenty days were given ; and while such notice might not, of itself, afford sufficient ground for setting aside a sale, yet, in connection with inadequacy of price, or other irregularity, it is an important circumstance.</p> <p>5. It has not been the practice of courts to make sales without redemption upon so short a notice.</p> <p>6. By analogy with the time required for sales by executors and administrators, which is six weeks, it would seem the legislature regarded that as but reasonable time for sales of real estate.</p> <p>7. Judicial sales—inadequacy of price, land was sold under a decree at about two-thirds i