[Download] "Blancett v. Taylor" by Supreme Court of Illinois ~ eBook PDF Kindle ePub Free
eBook details
- Title: Blancett v. Taylor
- Author : Supreme Court of Illinois
- Release Date : January 23, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Plaintiffs Lucille Kimmel and Helen Dildine appeal from a decree of the circuit court of Shelby County overruling objections
to the master's amended report of sale in a partition suit, and confirming the sale. The complaint for partition was filed by Millard Blancett, Lucille Kimmel, Helen Dildine and Hugh Blancett, certain devisees
under the will of Alvin Blancett, deceased. The named defendants included the remaining devisees, the executor of the will,
and The Prudential Insurance Company of America, which held a mortgage on the premises having a balance due and owing in the
amount of $2500 with interest thereon. The court entered a decree of partition, concerning which there is no dispute. The
commissioners reported that the premises were not susceptible of division, and fixed the value at $11,500. A decree for sale
was entered on August 21, 1954, which specified that "said sale shall be made on the following terms: 25% cash on day of sale,
balance upon approval of master's report of sale; possession of premises, March 1, 1955." The master duly published notice
of the sale, setting out the terms as specified by the decree. On the day of the sale, immediately before offering the premises,
he announced upon instruction of plaintiffs' attorney that the mortgage would be paid out of the proceeds of sale; that the
premises would be sold free and clear of the mortgage; and that the purchaser would receive the landlord's share of the 1954
crops and would pay the 1954 taxes. The master inquired if there were any questions, and then proceeded with the sale. The
property was struck off and sold to Clarence H. Summers for the sum of $12,000, the highest and best bid.
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