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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/17-116
(735 ILCS 5/17-116) (from Ch. 110, par. 17-116)
Sec. 17-116.
(Repealed).
(Source: P.A. 82-280. Repealed by P.A. 93-925, eff. 8-12-04.)
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735 ILCS 5/17-117
(735 ILCS 5/17-117) (from Ch. 110, par. 17-117)
Sec. 17-117.
(Repealed).
(Source: P.A. 83-707. Repealed by P.A. 93-925, eff. 8-12-04.)
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735 ILCS 5/17-118
(735 ILCS 5/17-118) (from Ch. 110, par. 17-118)
Sec. 17-118.
Report of sale - Conveyances.
The officer making such
sale shall, within 10 days
thereafter, file a report of his or her action in the office of the clerk of the
court ordering such sale. The court may approve the report and confirm
the sale reported if no objections have been filed or may disapprove the
sale and order the real estate to be resold; if objections have been
filed to the report, the court may at once proceed to hear such
objections and sustain or overrule them.
Upon confirmation of the sale, the person making the sale or some
person specially appointed shall execute and deliver to the purchaser
proper conveyances, taking in case of sale on credit, security as
required by the judgment. These conveyances shall operate as an
effectual bar against all parties and privies to the proceedings and all
persons claiming under them.
(Source: P.A. 82-280.)
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735 ILCS 5/17-119
(735 ILCS 5/17-119) (from Ch. 110, par. 17-119)
Sec. 17-119.
Distribution of proceeds.
Upon the approval of the report
by the court, the proceeds of the sale
shall be distributed by the person making the sale, as directed by the
court, to the persons entitled thereto, according to their interests,
or, in appropriate cases, to the persons and in the amounts and manner
as now or hereafter provided in the applicable sections of the Probate
Act of 1975, as amended, relating to small estates.
(Source: P.A. 82-280.)
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735 ILCS 5/17-120
(735 ILCS 5/17-120) (from Ch. 110, par. 17-120)
Sec. 17-120.
Life estate or homestead.
In case of sale the court may,
with the consent of the person
entitled to an estate for life, or for years, or of homestead, to the
whole or any part of the premises, who is a party in the action, sell such
estate with the rest. Such consent shall be in writing, signed by
such person, and filed in the court wherein the proceedings for
partition are pending.
If such persons are incapable of giving consent, the court may
determine, taking into consideration the interests of all parties, whether such
estate ought to be excluded from the sale or sold.
When such interest is sold, the value thereof may be ascertained
and paid over in gross, or the proper proportion of the funds invested,
and the income paid over to the party entitled thereto, during the
continuance of the estate.
(Source: P.A. 82-280.)
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735 ILCS 5/17-121
(735 ILCS 5/17-121) (from Ch. 110, par. 17-121)
Sec. 17-121.
Unknown owners.
If the person entitled to any estate is
unknown, the court
may determine whether the estate shall be sold or not, as in case of
persons under disability, and in the event of sale, make such order for
the protection of the rights of such person, in the same manner, as far
as may be, as if the person were known and had appeared.
(Source: P.A. 82-280.)
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735 ILCS 5/17-122
(735 ILCS 5/17-122) (from Ch. 110, par. 17-122)
Sec. 17-122.
Deposit of proceeds of sale.
When a sale of premises is
made, and no person appears to
claim such portion of the money as may belong to any non-resident or
person whose name is unknown, the court shall require such money to be
deposited in the county treasury, subject to the further order of the
court. All money so required to be deposited shall be received by the
county treasurer and paid upon the order of the court.
(Source: P.A. 82-280.)
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735 ILCS 5/17-123
(735 ILCS 5/17-123) (from Ch. 110, par. 17-123)
Sec. 17-123.
Application for deposited money.
When money is so deposited
in the county treasury, the
person or persons entitled to the same, may at any time apply to the
court making the order of sale and obtain an order for the same upon
making satisfactory proof to the court of his or her right thereto.
(Source: P.A. 82-280.)
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735 ILCS 5/17-124
(735 ILCS 5/17-124) (from Ch. 110, par. 17-124)
Sec. 17-124.
Vesting title.
In all actions for the partition of real
estate, the court may: investigate and determine all questions of conflicting
or controverted titles, and remove clouds upon the titles to any of the
premises sought to be partitioned; vest titles, by its order, in the
parties to whom the premises are allotted, without the forms of
conveyances by minors or unknown heirs or other parties to the action;
order a sale of the premises for the purpose of dividing the premises in
proper cases, and by its order, vest the purchaser with title, and
apportion incumbrances among the parties to whom the incumbered premises
are allotted.
(Source: P.A. 84-1308.)
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