Barth v. Commercial National Bank

Citations

• 115 Ill. 472
• 4 N.E. 509

Syllabus

<p>Judgment and execution mens upon land—prior and junior judgments. Where there are two or more judgments of different dates in the same county, against the same debtor, and an execution is sued out on the oldest one within a year of its date, and returned unsatisfied, an alias execution issued on such judgment and levied upon the real estate of the debtor within seven years from the date of such judgment, will create an execution lien thereon, commencing at the time the execution came • to the hands of the officer, and extending one year beyond the lien of the judgment, the legal effect of which will be to prevent the liens of the junior judgments or executions issued thereon, from so attaching as to give the latter judgments precedence, when the sale under the oldest judgment is made after the expiration of the seven years and within the life of the execution lien.</p>