Lucas v. Smith

Appellate Court of Illinois

Lucas v. Smith

201 Ill. App. 273, 1916 Ill. App. LEXIS 670

DecidedApril 21, 1916

StatusPublished

This text of 201 Ill. App. 273 (Lucas v. Smith) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lucas v. Smith, 201 Ill. App. 273, 1916 Ill. App. LEXIS 670 (Ill. Ct. App. 1916).

Pincite

Opinion

Mr. Justice Graves

delivered the opinion of the court.

3. Assistance, Writ of, § 6*—when incident of foreclosure proceedings. A writ of assistance for possession of property, purchased on a foreclosure sale, after the expiration of the period of ' redemption is not a new suit but is an incident of the foreclosure proceedings. 4. Assistance, Writ of—what may not he tried on application for. The title to property cannot be tried on an application for a writ of assistance, as only the right of possession is involved. 5. Assistance, Writ of—•when no advantage may he taken of filing of sworn answer. When no answer is necessary to a petition for a writ of assistance or when the answer under oath is waived, no advantage can be taken by filing a sworn answer. 6. Assistance, Writ of—when no advantage may he taken of absence of replication. Where an answer to a petition for a writ of assistance is necessary and one is filed, if the matter is submitted for hearing without a replication and without objection, no advantage can thereafter be taken of the absence of it.

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Mr. Justice Graves

delivered the opinion of the court.

3. Assistance, Writ of, § 6*—when incident of foreclosure proceedings. A writ of assistance for possession of property, purchased on a foreclosure sale, after the expiration of the period of ' redemption is not a new suit but is an incident of the foreclosure proceedings. 4. Assistance, Writ of—what may not he tried on application for. The title to property cannot be tried on an application for a writ of assistance, as only the right of possession is involved. 5. Assistance, Writ of—•when no advantage may he taken of filing of sworn answer. When no answer is necessary to a petition for a writ of assistance or when the answer under oath is waived, no advantage can be taken by filing a sworn answer. 6. Assistance, Writ of—when no advantage may he taken of absence of replication. Where an answer to a petition for a writ of assistance is necessary and one is filed, if the matter is submitted for hearing without a replication and without objection, no advantage can thereafter be taken of the absence of it.

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Bluebook (online)

201 Ill. App. 273, 1916 Ill. App. LEXIS 670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lucas-v-smith-illappct-1916.