Thomas v. Hebenstreit

Citations

• 68 Ill. 115

Syllabus

<p>1. Judicial sale—inadequacy of price. While it is true that mere inadequacy of price at which land is sold at a judicial sale where the right of redemption exists, is not of itself a sufficient ground for setting aside the sale, yet when the price is grossly inadequate, and the sale is irregular, and the owner has no knowledge of the same until after the redemption has expired, the sale will be set aside upon equitable terms.</p> <p>3. Where land worth §3000 was sold for §51.68, it was held that the price was grossly inadequate.</p> <p>3. Shebiff’s sale—of land on execution. Where a sheriff sold land on execution from another county, and failed to file any certificate of the levy, made no demand of the debtor before levy, and filed a certificate of sale which was false in the description of the court from which the execution issued, the date of the execution, and failed to give any term of court at which the judgment was rendered: Held, on bill in chancery, that the sale could not be sustained.</p> <p>4. Same—decree on bill to set aside. Where a hill prayed to have a sheriff’s sale set aside, and was not strictly a hill to redeem, and it appeared that the sale could not he sustained, and that a deed had been made, the court decreed the payment of the money necessary to a redemption, and upon such payment that the purchaser convey the land to complainant: Held, that as the hill showed the necessary facts, the decree was proper as doing complete justice between the parties.</p> <p>5. Chancery—relief conforming to the theory of the bill. Although a hill may not he framed strictly as a hill to redeem from a judicial sale, hut to set aside the sale, yet if the averments show the complainant entitled to a decree for redemption, and the prayer of the hill will authorize that character of relief, it may he granted.</p>