Dickson v. Todd

Citations

• 43 Ill. 504

Syllabus

<p>1. Bes adjxjdicata—what constitutes. The holder of certain lots of ground by contract of purchase, conveyed the same by deed to another person, but before that deed was recorded the grantor therein procured his vendor to convey the premises to a trustee to secure certain indebtedness of the former, and on default in payment the premises were sold under the deed of trust, a third person becoming the purchaser. The grantee in the first deed then filed his bill in chancery, claiming title to the premises, and the right to redeem from the sale under the trust deed, and on a hearing that bill was dismissed. Pending that suit a judgment was recovered against the complainant therein, and his interest in the lots was levied upon and sold, and the title passed by means of a redemption by a judgment creditor, and a transfer of the sheriff’s certificate to a third person, to whom the sheriff made a deed. A subsequent grantee under the title derived through the sale under the deed of trust filed a bill against the holder of the title derived under the execution sale, to remove the cloud upon the title of the complainant created thereby, whereupon the defendant filed his cross-bill, claiming the right to redeem from the trust sale, and thereby to acquire the title to the premises. It was held, that the rights of the defendant in the last suit, holding as a purchaser pendente lite under the title of the complainant in the first suit, were fully adjudicated and settled by the decree in such former suit.</p> <p>3. Purchasers pendente lite—hound hy the judgment or decree rendered. Judgments and decrees hind equally parties and privies, and a purchaser pendente lite stands in the latter category.</p>