Moore v. Pickett

• Decision Date: 30 September 1871
• Citation: 62 Ill. 158,1871 WL 8346
• Parties: MATTHEW MOORE et al.v.THOMAS J. PICKETT et al.
• Court: Illinois Supreme Court

62 Ill. 158

1871 WL 8346 (Ill.)

MATTHEW MOORE et al.

v.THOMAS J. PICKETT et al.

Supreme Court of Illinois.

September Term, 1871.

OPINION TEXT STARTS HERE

APPEAL from the Circuit Court of Tazewell County; the Hon. CHARLES TURNER, Judge, presiding.

Thomas J. Pickett was the owner of the land in controversy, which was sold in two parcels by the sheriff on execution against Pickett. The land was occupied by Matthew Moore, as the tenant of Pickett. The time for redeeming from this sale through judgment creditors expired Feb. 21, 1863. The bill alleged that, long before this Moore entered into an agreement with Pickett to redeem the land, for which the latter was to pay him the amount of the redemption money, with interest, less the amount of rent due from Moore to Pickett. Moore, as such agent, purchased the certificates of purchase, taking an assignment to himself; on Oct. 26, 1863, the sheriff executed deeds to Moore for the lands; on March 30, 1863, Moore wrote a letter to Pickett, stating that he had borrowed the money and paid it in time to save the land; that the parties wanted the money, which saved the expense of getting a judgment on Pickett under which to redeem; that the taxes would have to be paid soon; and stated at length what he had done on the place, and asked for instructions and directions, etc. The bill was filed for an account to be taken, and prayed that upon payment to Moore of the redemption money, less the rents, he be decreed to convey by deed the land, and surrender possession.

The answers set up the statute of frauds, and denied the facts stated in the bill.

The circuit court found the amount due, and directed the master in chancery to execute deed upon its payment.

Mr. B. S. PRETTYMAN and Mr. J. B. RICE, for the appellants. Mr. C. A. ROBERTS and N. W. GREEN, for the appellees.

Mr. JUSTICE SHELDON delivered the opinion of the Court:

On the 21st day of November, 1861, Thomas J. Pickett, the complainant, being the owner of the premises in question, two parcels of land situate in the county of Tazewell, the same were sold at sheriff's sale under an execution against him to two several purchasers and certificates of purchase issued to them.

The time for the redemption of the premises from the sale, as against judgment creditors, would have expired February 21, 1863, about which time the holders of the certificates assigned them to Matthew Moore, the original defendant in this suit, he then being a tenant of the premises under Pickett,...