Hammalle v. Lebensberger
| Decision Date | 17 December 1912 |
| Citation | 256 Ill. 547,100 N.E. 138 |
| Parties | HAMMALLE et al. v. LEBENSBERGER. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, La Salle County; Edgar Eldredge, Judge.
Suit by Just L. Hammalle and another against Lafe Lebensberger. From a decree for complainants, defendant appeals. Cause transferred to the Appellate Court.
James J. Conway, of Ottawa, for appellant.
E. J. Kelly, of Ottawa, for appellees.
The circuit court of La Salle county by its decree set aside as a cloud upon the title to a lot in Ottawa a certificate of sale made by the sheriff of said county to the appellant, Lafe Lebensberger, for the reason that, as alleged in the bill of the appellees, the lot was the homestead of William Midnight and Margaret Midnight, the defendants in the execution, and granted an appeal to this court.
A certificate of sale does not convey or purport to convey title, and a freehold is not involved in a proceeding to set aside such a certificate as a cloud on title. Gage v. Busse, 94 Ill. 590;Johnson v. McDonald, 196 Ill. 394, 63 N. E. 730;First Nat. Bank of Denver v. Gibson, 221 Ill. 295, 77 N. E. 562;Glos v. Sanitary District of Chicago, 224 Ill. 272, 79 N. E. 562. There is no other ground upon which an appeal could be taken to this court. The averment of the bill that the lot was the homestead of William Midnight and Margaret Midnight is not disputed, and counsel for appellant in his statement of facts admits that it was proved.
The appeal should have been taken to the Appellate Court for the Second District, and the cause is transferred to that court. The clerk will transmit the transcript and files of the cause, with this order, to the clerk of said Appellate Court.
Cause transferred.
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...a tax deed had never been issued and might never be, the claim of the purchaser had not yet ripened into a title. In Hammalle v. Lebensberger, 256 Ill. 547, 100 N. E. 138, it was said that a certificate of sale does not convey or purport to convey title. In Hockett v. Logan, 257 Ill. 326, 1......