Groves v. Webber

Citations

• 72 Ill. 606

Syllabus

<p>1. Injunction—to restrain sale which would create cloud wpon title. A court of chancery has jurisdiction to prevent the creation of a cloud upon title, as well as to remove such cloud, and where it appears that a deed ac. quired at a sale about to be made by a sheriff' on execution, would only be a cloud upon the title of the complainant, such sale will be enjoined.</p> <p>2. The owner of land sold and conveyed the same to a bona fide purchaser, who filed his deed for record on the day of its execution. On the same day, and after the deed was filed for record, an attachment was issued in aid of a suit then pending, against the vendor, in another county, directed to the sheriff of the county where the land was situated, and on the same day was levied by the sheriff on the land, but no certificate thereof filed until several days afterwards; the attachment suit was prosecuted to judgment, and a special execution issued thereon against the land: Held, that a sale under the execution would only create a cloud upon the title of the purchaser from the defendant in the attachment, and that a court of chancery had jurisdiction to and should restrain the sale.</p> <p>3. Purchaser—of his rights as against an attaching creditor. A bona fide purchaser of land, whose deed is delivered to him and filed for record in the county where the land lies, before the issuing of an attachment against the vendor in another county, which is issued and levied on the land on the same day of the execution, delivery and recording of the deed, but no certificate of such levy filed until several clays afterwards, acquires the title to the land, whatever may have been the purpose or intention of the vendor in making the sale.</p>