Carbine v. Morris

Citations

• 92 Ill. 555

Syllabus

<p>1. Shebiee’s deed—as evidence of title, must be supported, by a judgment. In order to sustain a title under a sheriff’s deed for land sold on execution, proof of the judgment upon which the execution issued is indispensable.</p> <p>2. Evidence—to prove judgment. The recitals of the certificate of purchase in a sheriff’s deed are not competent evidence to establish the existence and contents of the judgment under which the sale was made.</p> <p>3. Judgment hen—as to property parted with before its rendition. Where the purchaser of two lots cancels his contract for their purchase, and takes a new contract for one of the lots only, and the original owner sells the other lot to a third person, who takes possession, before the recovery of a judgment against the original purchaser, the judgment will create no lien upon the lot so taken back and sold to the second purchaser, and the sale of the same on execution issued upon such judgment will pass no title, and the sheriff’s deed for such lot will be set aside as a cloud upon the title of the second purchaser.</p> <p>4. Judicial sale—of lot held under contract of purchase. The purchaser of lots at sheriff’s sale under execution, or his assignee taking a sheriff’s deed, acquires the title and interest only which the judgment debtor had, and if the latter had only a contract of purchase not performed, such grantee must complete the debtor’s contract of purchase, if he would hold the title; and where, subsequent to the lien of the judgment, another acquires a deed from the original vendor, and seeks to have the- sheriff’s deed set •aside as a cloud upon his title, the sheriff's grantee must show, in order to defeat the relief sought, such a contract of purchase in favor of the debtor as can be specifically enforced in equity in his favor.</p>