Anderson v. Strauss

Citations

• 98 Ill. 485
• 1881 Ill. LEXIS 280

Syllabus

<p>1. Deed of trust—right of grantor to enjoy rents, issues and profits. A clause in a deed of trust permitting the grantor to enjoy the rents, profits and issues of the land until default, is merely declaratory, such being the legal effect of the deed, independent of the clause. Upon default the permission ends.</p> <p>2. Same—sale of crops on execution does not affect grantee’s rights. As between the parties to a judgment, the seizure and sale of growing wheat upon execution issued upon the judgment, will constitute a severance of the crop from the realty; but as to a grantee in a deed of trust given by the execution debtor before the execution became a lien, such seizure and sale will not work a severance. .The purchaser at the sheriff’s sale takes subject to the rights of the grantee under the trust deed, which will not be cut off or affected by such sale.</p> <p>3. A and wife, in January, 1878, executed a deed of trust on certain land to B, to secure a debt due to 0, evidenced by a note payable two years after its date, with interest. In March, 1879, B, the trustee, sold the land to 0 for a default in the payment of interest, and G shortly after leased the premises to A. In April, 1878, D recovered a judgment against A, upon which an execution issued, and was, in December, 1878, levied on a crop of growing wheat sown by A in the fall of 1878, on the premises, and the wheat was by the sheriff sold to D, who in 1879 took possession of the same, and cut and shocked it: 22eld, in an action of replevin by C, that the wheat belonged to him, affirming a judgment in his favor.</p>