Franklin v. Palmer

Citations

• 50 Ill. 202

Syllabus

<p>1. Redemption by a judgment creditor—and subsequent quitclaim, deed by the debtor to a third person. A judgment debtor, whose land had been sold under the judgment, being unable to redeem within the twelve months, confessed a judgment in favor of a third person, with the understanding that he should redeem the premises as a judgment creditor, and give the debtor further time to redeem. The judgment creditor redeemed, the premises were sold under his levy, and he became the purchaser. Subsequently, and without having redeemed, the debtor quitclaimed to another, and after he had done so, the judgment creditor, who redeemed and purchased the land, obtained a sheriff’s deed: Held, in an action of ejectment by the grantee under the quitclaim deed against him who held the sheriff’s deed, that the latter held the better title; the quitclaim deed passed no greater right than the grantor then had.</p> <p>2. Ejectment—wleerc plaintiff only holds an equity. Even if the judgment debtor, in such case, still had a right of redemption at the time he made the quitclaim deed, and passed the right to his grantee, it was a mere equity which would not authorize the holder of it to recover in ejectment.</p> <p>3. Tenant denying landlord’s title. And even if the defendant in such action of ejectment, originally entered upon the premises as the tenant of the judgment debtor, that fact would not preclude him from asserting his title derived under the judgment against his landlord, against the grantee of the landlord under the quitclaim deed.</p> <p>4. When the landlord conveys his title to his tenant, the latter is not bound to restore possession to his landlord, and then resort to an action to regain possession. By receiving the deed, the relation of landlord and tenant ceases, and the latter then holds as grantee.</p> <p>5. So when a landlord conveys to a stranger, the tenant is not bound to restore possession to his landlord, but may attorn to the grantee, and in so doing, he fully r