Dobbins v. Wilson

Citations

• 107 Ill. 17
• 1883 Ill. LEXIS 221

Syllabus

<p>1. Notice—to real party in interest, sufficient. Where a party purchases a judgment, and has the same assigned to another for the use of the assignor, he controlling the same, notice by the judgment debtor of any fact to the real owner of the judgment alone is sufficient, and will bind the nominal assignee. J</p> <p>2. Judgment lien—effect of subsequent conveycmce by the debtor. A conveyance of land by a judgment debtor to another, for a valuable consideration, after the judgment has become a lien thereon, and pending an appeal, will not defeat the lien of the judgment. In such case the grantee takes title subject to the lien of the judgment, and a sale and deed made on execution under such judgment will pass the title, unaffected by the conveyance.</p> <p>3. Purchaser—prior incumbrance—whether to be satisfied out of other property of his grantor. If a purchaser of land from one against whom there is a judgment, desires to have other lands of his grantor first levied upon and sold to satisfy the judgment, it is his duty to give notice of his interest in the property bought by him, and to point out such other property, that the creditor may have it taken in execution.</p> <p>i. Same—remedy when land purchased of debtor is levied on and sold instead of other lands of debtor. Where a purchaser of land from a judgment debtor having other land amply sufficient to satisfy the judgment, gives notice to the judgment creditor of his rights, and requests him to levy upon the remaining lands of his grantor, and the creditor has the purchaser’s land levied on first, and sold, the purchaser should apply to the court from which the execution issued, in apt time, to have the levy and sale set aside. His remedy in sucli case is complete at law, by motion, and it is no sufficient excuse for neglecting such remedy that the purchaser was totally blind from his youth.</p> <p>5. Laches—as cm obstacle to obtaining relief. It is a familiar principle that a court of equity will only len