Papers Of Abraham Lincoln

A Bill for an act to regulate the mode of proceeding on the redemption of real estate sold under execution.
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Sec[Section] 1. Be it enacted by the People of the State of Illinois Represented in the General Assembly, that whenever a a[a] Judgment creditor shall desire to redeem real estate, under the provisions of the act of the Legislature of January 17^th 1825 concerning judgments, and executions, it shall be required preparatory thereto that he shall sue out an execution preparatory thereto upon his judgment and place the same in the hands of the proper officers 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 sale under and by virtue of said execution, and at said sale the judgment creditor so having redeemed, shall be considered to have bid for said real estate, the amount of said redemption money, so paid by him and if no higher bid shall be offered the premises shall be struck off to him and a deed forthwith executed to him therefor. And no other redemption shall be allowed. But if other bids should be made and the said

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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 in 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 officer shall proceed in the same mode to offer the said real estate for sale as is before required in case of a first redemption. And such real estate may be successively redeemed, within every period of sixty days, so long as there is shall be a judgment creditor disposed to redeem, on the terms and in the manner aforesaid and after the lape of any period of sixty days without redemption, it shall be the duty of the sheriff or other proper officer, to execute a deed for the said premises to the last purchaser in like manner as other sheriffs deeds are made.

Sec. 2. A judgment creditor may redeem

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the whole or any part thereof being a legal subdivision, according to the laws of the United states or this state, of real ^estate^ estat 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 the redemption ^money^ actually paid

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A Bill for an act to regulate the mode of proceeding on the redemption of real estate sold under execution.

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Refd[Referred] com[Committee] Judiciary

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[12]/[31]/[1839]
ord to be engrossed.

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‘11

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1Samuel D. Marshall introduced HB 87 in the House of Representatives on December 31, 1839. The House passed the bill on January 13, 1840. The House reported the bill’s passage to the Senate, but the latter took no action.
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), 110, 152, 161; Journal of the Senate 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), 109-10.