The Evansville journal. (Evansville, Ind.) 1834-184?, 1844-05-02

ing to the provisions of this act, whether the
foreclosure of said mortgage by judgment at
law, or decree in Chancery. The provisions
of this act shall extend to judgments render
ed prior to the first of May, eighteen hun
dred and forty one, and not to any other
judgments than as before specified.
SEC. 2. When any property shall be lev
led on and appraised in the manner required
by this act, and the same shall be suscepti-
bic ola division, no greater quantity thereof
than will be sufficient to pay the amount Of
the executions thereon levied, together with
the proper costs at two-thirds ofthe valuation
thereof, shall be offered for sale by the officer
in whose hands such executions may have
been placed for collection.
SEC. 3. This act shallbe in force from and
after its passage, and the Secretary ofState,
is hereby required TO have thousand copies
thereof printed Immediately after its APPROX
al, and transmit them to the Clerks of the
County Commissioners Courts of the sever
al counties in this State, for distribution
among the proper officers thereof" The
following is a copy of the rule ofCourt pass
ed 10Th June 1871, viz:
When the Marshal shall levy an execution
upon real estate. he shall have it appraised
and sold under the provisions Of the law of
this State entitled "An Act regulating the
sales of property, "%approved February,lS4l,
if the cause come within the provisions of
that law; and any two of the three house
holders selected under the law, agreeing
may make the valuation of the premises re-
CURED.
The property levied on, was advertised
for sale by the Marshal in August, 1912, but
was not sold, as no one bid two-thirds of the
appraised value. In March, 1S43, the plain
tiff sued out a venditioni exponas, with d.
~rections to the Marshal TO sell the property
regardless of the State law, which the Mar
shall refused to obey, considering himself
bound by the aforesaid rule ofcourl-whee-
upon the plaintiff moved the court for an order
directing the NJ arshall to sell to the highest
bidder without valuation, or any regard 10
the State law.
81. The plaintiff, by Arnold his Attorney,
comes and moves the Court to set aside the
return to the pluries of execution issued I'M
der which the property levied upon was ap-
praised and not sold, because no one would
bid two-thirds of the appraised value.
20. That the Court direct the Marshall to
sell said property to the highest bidder, with
out regard to the valuation already made ,anG
without having it valued again.
"3. That the Marshal proceed to sell the
said property without regard to the provisions
of the laws regulating the sale of property,
passed since the rendition of the judgment,
and the making of the contract between the
parties.
81. That the Marshall be directed to pro-
coed and sell the property levied upon,with.
out regard TO the provisions ofthe Act ofFeb.
ruary, 1s41, of the Legislature of Illinois
and of January, l843, regulating the sale Of
property, above referred to-"
On the argument ofthis motion, the Court
were divided in opinion on the following
points,
"1st. Whether the said. motion shall be
granted in manner and form as the same is
asked Or refused, Or any part thereof.
"2d. Whether the return of the Marshal
on the execution above set forth, dated 16tl
of May, 1912, under which the property was
appraised and not sold because two-thirds o.
its appraised value was not bid therefore
shall or shall not be set aside as insufficient
"3d. Whether the Court shall or shall moi
make an order directing the Marshal to sell
tie property levied on in the usual mode al
public auction to the highest bidder, with.
out having the same valued by three
house-holders, and without regard of valua-
ton which has been made, and without re-
curing two-thirds of said valuation to be bio
therefor.
"4th. Whether the Court shall or shall no
direct the Marshal to proceed and sell the
property levied upon without regard to the
provisions of the Act of February 9th
1S41, of the Legislature ofIllinois, and the