Cochran v. Fogler

Citations

• 116 Ill. 194
• 5 N.E. 383

Syllabus

<p>Former judgment—judgment in forcible detainer adverse to a purchaser on foreclosure—as a bar to a writ of assistance in the same foreclosure suit. A decree of foreclosure of a mortgage required the parties in possession, in case of a sale, on the production of the master’s deed of conveyance and a certified copy of the order of the court confirming report of sale, to surrender possession to the purchaser. The purchaser, without producing such deed and certified copy of the order, brought forcible detainer against the party in possession, and judgment was rendered therein against ■the plaintiff: Held, that such judgment was no bar to an application by the purchaser to the court for a writ of assistance to put him in possession, after complying -with, the terms of the decree. Until the purchaser had produced the master’s deed and a certified copy of the order confirming the sale, his right to possession under the decree had not accrued, and so it' could not be barred by the judgment in the prior suit.</p>