Ford v. Marcall

Citations

• 107 Ill. 136

Syllabus

<p>1. Judgment lien—how created, after failure to sue out execution within a yew. A judgment ceases to be a lien on real estate if execution is' not issued tbereon within one year from its date, in which case the execution may be sued out within seven years from the date of the judgment, and it then becomes a lien on the real estate of the debtor from its delivery to the sheriff or other proper officer; but if he has conveyed the same, and his deed is recorded before.such execution is placed in the hands of the officer, no lien will attach, and no title will pass by a levy and sale.</p> <p>2. Notice by possession—possession by a grantor, as notice of his equitable rights. Where A, the owner of land, conveyed the same to B, without any consideration, to be held in trust, and B conveyed the same in like manner to C, merely to enable him to sell for the benefit of A, who remained all the time in the actual possession of the premises, it was held, that the possession of A was notice to a judgment creditor of C of A’s equitable title, and that such creditor having such notice acquired no title by a levy and sale of the premises on execution against C, he not being an innocent purchaser entitled to the protection of the law.</p>