An act to regulate the mode of proceeding on the redemption of real estate sold under
execution
1Sec[Section] 1. Be it enacted by the people of the state of Illinois represented in the General assembly, that whenever a judgment creditor shall desire to redeem real estate sold
under execution ,
[...?]
under the provisions, of the act of the Legislature of January 17. 1825 concerning
judgments and executions, it shall be required preparatory thereto, that he shall
sue out an execution on his judgment and place the same in the hands of the proper
officer, with the receipt of the former purchaser for the redemption money, or that
^of the^ the Sheriff or other proper officer, if the redemption should have been made from
him. Whereupon it shall be the duty of the sheriff or other officer to endorse the
fact of such redemption upon the back of said execution, which shall be equivalent
to a levy upon the said real estate, so redeemed for the purpose of a new sale thereof
under said execution, and the same shall be forthwith advertised and offered for sale
under and by virtue of said execution, and at said sale the judgement creditor so having redeemed, shall be considered to have bid, for said real estate,
the amount of said redemption money, so paid
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by him, and if no higher bid shall be offered the premises shall be struck off to
him, and a deed forthwith executed to said judgment creditor therefor. And no other
redemption shall be allowed. But if other bids should be made and the said real estate
should be sold for more than said redemption money then the excess, above the amount
so paid to redeem, shall be applied, as a credit to the execution under which the
redemption shall have been made and a certificate of purchase executed to the new
purchaser for a deed within sixty days from said day of sale, unless the said premises
should be redeemed in the meantime by another judgment creditor, which may be done
on the same terms as the first redemption, and if the said real estate should be redeemed
from said second purchaser, the same shall be done in the same way and upon the same
terms and the sheriff or other officers shall proceed in the same mode to offer the said real estate for sale as is before
required in cases of a first redemption, and such real estate may be successively
redeemed, within every period of sixty days, as long as there shall be a judgment
creditor disposed to redeem on the terms and in the manner aforesaid, And after the
lapse of any one period of sixty sixty days, without redemption, it shall be the duty of the sheriff or other proper
officer, to execute a deed for
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the premises, to the last purchaser in like manner as other sheriffs deeds are made.
Sec 2. A judgment creditor may redeem the whole, or any part being a legal subdivision,
according to the laws of the United states, or of this state, of real estate previously sold under execution
sec 3. The Sheriff or other officer shall be allowed no commission or fees upon the
amount of redemption money, paid in any case, but only on the excess made over and
above the amount of redemption money actually paid
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[ docketing
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A Bill for an act to regulate the mode of proceeding on the redemption of real estate
under execution.
[ docketing
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18
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[01]/[20]/[1840]
[01]/[20]/[1840]
Ordered to be Engrossed.
1Samuel D. Marshall introduced HB 15 in the House of Representatives on December 13, 1839. The House referred the bill to the Committee on the Judiciary.
The Committee on the Judiciary reported back the bill on January 20, 1840, with an
amendment. The House refused to table a proposed amendment to add additional sections
by a vote of 24 yeas to 53 nays, with Abraham Lincoln not voting. The House adopted the proposed amendment by a vote of 41 yeas to 38 nays,
with Lincoln not voting. The House adopted the committee’s report as amended. The
House ordered the bill engrossed for a third reading, but did not read it a third
time.
Journal of the House of Representatives, of the Eleventh General Assembly of the State
of Illinois, at Their Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 36, 207-08.
Handwritten Document, 4 page(s), Folder 15, HB 15, GA Session 11-S, Illinois State Archives (Springfield, IL) ,