Ewing v. Ainsworth

Citations

• 53 Ill. 464

Syllabus

<p>1. Judgment lien—its territorial extent. A judgment can not become a lien upon lands of the debtor, situate in any other county than that in which it was rendered.</p> <p>3. Lien oe a levy m a foreign county—its duration. Where an execution issued to a foreign county is there levied upon real estate, the lien of the levy will not continue beyond seven years from the last day of the term at which the judgment upon which the execution was issued was obtained, that being the duration of the lien of the judgment in the county where it was rendered.</p> <p>3. Redemption from a mortgage—by a judgment creditor. After the recovery of a judgment, the debtor executed a mortgage upon land owned by him, and situate in a foreign county. Subsequent to the making of the mortgage, the judgment creditor sued out an execution to the county in which the mortgaged premises were situate, which was levied upon the land and a certificate of levy filed for record. A foreclosure was afterwards had without making the judgment creditor a party, and after such delay that his lien under the levy was lost, he sought to sell the premises under a venditioni exponas. Upon bill filed to enjoin such sale, and cross bill by the judgment creditor to redeem, it was held, that, having lost his lien, he had no right of redemption, and could not, therefore, complain of any terms upon which he was permitted to redeem.</p>