Frazier v. Gates

Citations

• 61 Ill. 180

Syllabus

<p>Forcible detainee—mortgage—foreclosure—ejectment—eviction—attornment. Where a party executed a mortgage on real estate to secure the pa3rment of a sum of money, remained iu possession several years and till foreclosure, and permitted the land to be sold for the taxes of the year in which the mortgage was given, and the purchaser under the tax sale sued in ejectment and recovered judgment against the mortgagor who failed to give notice of the suit to the mortgagee, and a writ of possession was sued out and the plaintiff in ejectment was put in possession, and the mortgagor leased the premises from the plaintiff in ejectment for one year, and when the mortgage was foreclosed and the land purchased by the mortgagee, the latter, after receiving a master’s deed, brought forcible detainer, when the recovery and eviction in the ejectment suit was set up as a defense: Held, the facts showed collusion between the mortgagor and the holder of the tax title, and that constituted no defense for the mortgagor, and he must yield possession to his landlord.</p>