Blair v. Chamblin

Citations

• 39 Ill. 521

Syllabus

<p>1. Redemption by jud&ment creditors—effect of a premature redemption and levy. Where a judgment creditor, in endeavoring to redeem from a prior execution sale, pays the redemption money and procures the levy to be indorsed upon his execution, before the expiration of the year allowed to the debtor to redeem, this is an irregularity; but if the sale under such levy should not be made until after the expiration of the year, the debtor not having redeemed, and the prior purchaser acquiesces, waives the irregularity of the premature redemption and levy, and receives the redemption money, the judgment debtor cannot challenge the redemption.</p> <p>2. Former decisions. Nor is this ruling a departure from the authority of the cases of Merry v. Bostwick, 13 Ill. 398, and Watson v. Reissig, 24 id. 281, in which it is held that the judgment debtor’s right of redemption, within the year, cannot be levied upon and sold under execution.</p> <p>3. Should the judgment debtor, in such a case, exercise his right of redemption from the first execution sale within the year, then the judgment creditor cannot consummate his redemption thus .prematurely made; but if the debtor fails to redeem within the year, the irregularities of the premature redemption by the judgment creditor become, as to the debtor, res inter alios. After that, the first purchaser from whom the redemption is sought to be made can alone complain; and if he makes no opposition, it will be presumed that he acquiesced in the redemption, and waived whatever irregularities had intervened.</p> <p>4. It is by no means certain that the mere fact that the money was paid by the redeeming judgment creditor to the sheriff and the levy indorsed by him prematurely, when for the purposes of advertisement and sale they were treated as not having occurred until the year had expired, would be such an irregularity as would entitle even the purchaser from’whom redemption is made, to resist such redemption as void. Upon this question