York v. Briscoe

Citations

• 67 Ill. 533

Syllabus

<p>1. Judicial sale—duty of officer to file certificate of sale. It is the duly of a sheriff, when he makes a sale of real estate under execution, to make out and file the certificate required by the statute within a reasonable time thereafter, so that the parties whose interests are affected may have notice.</p> <p>2. Same—right to redeem after the statutory time. Where land was sold under execution, and no certificate of the sale was filed until nearly nine months after, for the reason that the purchaser neglected to pay the costs, and the owner applied at the sheriff’s office to learn whether any sale had been made, and was informed by the principal deputy that none had been made, and there was nothing to be found in the sheriff’s office to indicate the contrary, so that the owner was prevented from redeeming within the time allowed by the statute: Reid, on bill in chancery, to set aside the sale and to redeem, that the owner was entitled to the relief sought.</p> <p>3. Same—notice of irregularities to purchaser of certificate of purchase. Where the owner of land sold under execution had deposited the redemption money with the sheriff after the time for redeeming, claiming the right to redeem on account of the misconduct of the officer and purchaser, it was held, that notice of this fact to one purchasing the certificate of purchase was sufficient to put him upon inquiry, and that he could not be regarded as an innocent purchaser.</p>