(DOWNLOAD) "John L. Mccracken, Plaintiff in Error v. Charles Hayward" by United States Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: John L. Mccracken, Plaintiff in Error v. Charles Hayward
- Author : United States Supreme Court
- Release Date : January 01, 1844
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
It appears from the record in this case, that the plaintiff obtained a judgment against the defendant, in June, 1840, on which a pluries fi. fa. issued at May term, 1842; real property was levied on; appraised according to the provisions of a law of Illinois, passed on the 27th February, 1841, and the rule of the Circuit Court of that state, adopted in June of the same year, which law and rule are inserted in the statement of the case by the reporter. The property levied on was advertised for sale by the marshal, in August, 1842, but was not sold, as no one bid two-thirds of the appraised value. In March, 1843, the plaintiff sued out a venditioni exponas, with directions to the marshal to sell the property, regardless of the state law, which the marshal refused to obey, conceiving himself bound by the aforesaid rule of court. Whereupon the plaintiff moved the court for an order directing the marshal to sell to the highest bidder, without valuation, or any regard to the state law.