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eBook details

• Title: Berman v. Birney
• Author : Supreme Court of Illinois
• Release Date : January 22, 1952
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Sam L. Berman, co-owner of certain real estate in the city of Chicago, filed suit for partition in the superior court of Cook County. Pursuant to a decree therein, the premises were sold at a master's sale in which plaintiff was the highest and best bidder. An order was subsequently entered approving the sale and directing the master to deliver a deed to plaintiff upon payment of the balance of the bid price. He thereafter filed a petition in which he prayed that the order of approval be vacated and the sale rescinded. Answers were filed by the master and by the defendants in the partition suit, and, after a hearing, an order was entered denying the petition. Plaintiff appeals directly to this court on the ground that a freehold is involved. The decree ordering a sale was entered on February 21, 1951. It directed that the real estate be sold at public auction either subject to the unpaid balance of a certain mortgage thereon, or free and clear thereof provided that the proceeds of sale be first applied to the mortgage indebtedness. A sale was duly held by the master on April 27, and the premises were sold to the plaintiff free and clear of the mortgage. On May 9, by agreement of the parties, an order was entered granting plaintiff permission to order an opinion of title from the Chicago Title and Trust Company ""showing good title, subject to the usual objections,"" and authorizing the master in chancery to pay the charges for such opinion out of the funds to be realized from the sale. On May 14, the order was entered approving and confirming the sale. The order recited that the master had in every respect proceeded in due form and in accordance with the terms of the decree, and that current taxes and rent were to be prorated as of the date of payment of the balance of the bid price and delivery of the master's deed.

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