Watt v. McGalliard

Citations

• 67 Ill. 513

Syllabus

<p>1. Setting aside judicial sale—irregularity in notice. Where land was decreed to be sold subject to redemption, the master gave two different notices of the sale, the first by posting, which recited that the sale would be subject to redemption, and the second by publication, which stated that the sale would be without redemption, it was held, on bill to set aside the sale, and for leave to redeem after the execution of the master’s deed and its confirmation, that the fact that the published notice stated the sale would be without redemption, afforded no equitable ground for the relief sought.</p> <p>2. Such a notice could not have prevented the owner from redeeming, as the right of redemption depended upon the decree and not upon the notice, and the record afforded him notice of his rights; and a notice of sale without redemption would rather attract bidders and increase their attendance.</p> <p>3. Same—whether the decree should not home been satisfied, by the sale of an unsold tract. Where a decree was entered against a party for the payment of a certain sum of money, and made a charge upon two tracts of land then owned by him, either one of which was sufficient to have satisfied the decree, and after decree and before sale such party sold and conveyed one of the tracts to A, who never gave any notice of his purchase, and the master in chancery sold the same in satisfaction of the decree and costs, the other tract being in an adjoining county: Held, on bill by the heirs of A to set aside the sale and master’s deed, and for leave to redeem, that the objection that the other tract was not first sold came too late after the sale and its confirmation.</p> <p>4. Same—misrecital of the term of court in master's deed. Where the master’s deed for land sold, recited the sale as having been made under a decree rendered at the April term, 1865, of the court, instead of the October term, 1864, when it was, in fact, rendered: Held, that the mere misrecital of the term in no