Karle v. Badeaux, 255 Ill. 582 (1912)

Oct. 26, 1912 · Illinois Supreme Court

255 Ill. 582

Caroline Karle, Defendant in Error, vs. R. G. Badeaux et al. Plaintiffs in Error.

Opinion filed October 26, 1912.

Appeals and errors—when a freehold is not involved. A freehold is not involved in a proceeding to set aside an execution sale and certificate of purchase issued thereon, even though it is claimed the premises were the homestead of-the complainant and that the sheriff did not proceed according to law in making the sale.

Writ oe Error to the Superior Court of Cook county; the Hon. Farlin Q. Ball, Judge, presiding.

This was a bill in chancery filed by the defendant in error in'the superior court of Cook county, against the plaintiffs in error, to set aside an execution sale, and a certificate of purchase issued thereon, by the sheriff of Cook county of certain premises occupied by the defendant in error, on the ground that the said premises were her homestead, and that the sheriff, in making the levy and sale of said premises under said execution, had not proceeded according to law. An answer and replication were filed and a decree was entered in accordance with the prayer of the bill, and the plaintiffs in error have sued out. this writ of error to review said decree. No deed had been made by the sheriff, and the right of homestead in the premises was denied.

James N. Tilton, for plaintiffs in error.

Per Curiam :

It is apparent from the foregoing statement of facts that no freehold is involved upon this record and that this court is without jurisdiction to hear and determine this cause. Galbraith v. Plasters, 101 Ill. 444; Johns v. Boyd, 117 id. 339; Blackman v. Preston Bros. 119 id. 240; Herdman v. Cooper, 125 id. 359; Wilkinson v. Gage, 133 id. 137; Kronenberger v. Heinemann, 190 id. 17; Charleston State Bank v. Brooks, 197 id. 388.

The cause will be transferred to the Appellate Court for the First District, and the clerk of this court will transmit the record and files in the case to the clerk of that court according to the statute.

Cmse transferred.