Gould v. Hendrickson

Citations

• 96 Ill. 599
• 1880 Ill. LEXIS 76

Syllabus

<p>1. Purchaser pendente lile—holds subject to the decree. A decree setting aside a conveyance of land as fraudulent as to creditors, is conclusive as to the character of the deed set aside against a purchaser from the grantee pendente lile.</p> <p>2. Ejectment—defendant in execution can not dispute purchaser’s title. The general rule is that a purchaser at a sheriff’s sale comes into exactly such estate as the debtor had, and when the debtor is sued in ejectment by the purchaser under the execution to recover possession, he can not dispute the plaintiff’s title. An exception to the rule is, that if, after the sale, the defendant in execution abandons the land, and afterwards returns to it, and is sued in ejectment, he may show an outstanding title, provided he shows that he has taken possession and holds under it, and the same rule applies to a purchaser holding under the defendant in execution.</p> <p>3. Where one derives his claim of title and possession under a defendant in execution, whose deed to an intermediate party is set aside for fraud as against creditors, and the land is sold under the execution, such person so claiming under- the defendant in execution will not be allowed to question the regularity and sufficiency of the title of the defendant in the execution.</p>