Carpenter v. Sherfy

Citations

• 71 Ill. 427

Syllabus

<p>1. Judgment— must be for acertainand definite sum of money. A judgment for “four hundred and sixty-one and 53-100 damages,” is not for any sum of money, and is therefore a nullity.</p> <p>2. Sheriff's deed—upon a sale on execution, must be to the purchaser or his assignee. A sheriff's deed made in pursuance of a sale on execution, must be to the person to whom the certificate of purchase was issued, or to his assignee, and if the deed is made to. another, although it recites that he is the assignee of the certificate, it is a nullity, if, in fact, the certificate was not assigned.</p> <p>3. Ejectment—evidence requisite to a recovery under a judgment title. Ordinarily a plaintiff who seeks to recover under a judgment title, is onlv required to show a valid judgment, execution and sheriff’s deed, but if the sheriff’s deed recites an assignment of the certificate of purchase, and the plaintiff reads the certificate in evidence, and it appears that it was not assigned, it will prevent a recovery.</p>