Campbell v. Leonard

Citations

• 132 Ill. 232
• 24 N.E. 65

Syllabus

<p>1. Sale on execution—to satisfy an installment^-rights in regard to-remaining installments. Where land is sold under a decree for an installment of alimony, the decree being made a lien on the land, the sale must be made subject to the lien for the installments afterward to become due. If sold not subject to such lien, the sale may be set aside ■ on equitable terms, even after the time for redemption has expired. In this respect, section 20, chapter 40, of the Revised Statutes, so far modifies and controls the general statute relating to sales of real estate on execution as to render an absolute sale and deed voidable.</p> <p>2. Where a sale of land is made for any one or more installments of alimony, which are made liens thereon, the sale must be subject to the lien of 'the installments subsequently maturing, and. the purchaser will then take only that interest, and, upon his purchase ripening into a-title, he will hold the land subject to the lien of the decree for the unpaid and maturing installments.</p> <p>3. A decree of divorce allowed the wife $400 a year for alimony, to-be paid quarter-yearly, and $57 solicitor’s fees, which were made a lien upon the husband’s lands, and it provided that if payments were not-made as required, execution should issue therefor. The solicitor’s fee' and two installments of alimony not having been paid, executions were' issued and levied upon a tract of the husband’s land, which was sold-to the wife, and certificate of purchase given to her. Subsequently the wife assigned two installments to 0, which not being paid, G took out executions, and redeemed the land from the prior sale, and became the purchaser for the redemption money, and the sheriff made him an absolute deed. On bill filed by the conservator of the husband, the court set aside th8 deed, and required C to convey to the husband upon payment of the sum paid by him, with legal interest thereon: Held, that there was no error in the decree requiring a reconveyance on e