Guiteau v. Wisely

Citations

• 47 Ill. 433

Syllabus

<p>1. Liens, priority of—judgment over unrecorded mortgage. Where a judgment lien attaches to premises upon which there is a mortgage, but the latter is not recorded, the judgment takes priority over the mortgage, unless the judgment creditor is otherwise chargeable with notice of such mortgage, prior to .the rendition of bis judgment.</p> <p>2. Erroneous judgment—effect of reversed. The rights of third parties, acquired under an erroneous judgment, cannot be divested by a subsequent seversal.</p> <p>3. So, a vendee at an execution sale, being neither a party to the judgment nor chargeable with notice of error, cannot be aifeeted by a reversal.</p> <p>4:. Nor can an innocent assignee of the certificate of purchase, though the rasignor was a party to the judgment, be aifeeted by a subsequent reversal of the judgment.</p>