Hamilton v. Quimby

Citations

• 46 Ill. 90

Syllabus

<p>1. FobMbe adjudication. A former adjudication of the matter in controversy, is conclusive between the same parties in a subsequent proceeding upon the same matter, not only as to the' matters actually determined, but as to every other thing, then within the knowledge of the complainant which might have been then set up as ground for relief and litigated in the first suit.</p> <p>2, Teust deeds—note secured by—reduced to judgment does not effect the security, Judgment taken upon a note secured by deed of trust, does not operate as a release of the security, so as to prevent a sale of the premises under it. The form of the debt is simply changed, and a court of equity will decree a sale of the premises to satisfy the judgment,</p> <p>S. Judicial sales—what acts of plaintiff imply fraud in proceedings sufficient to set aside a sale under an execution. The fact that an execution is levied upon property of the judgment debtor, in a county different from that in which he resides, and where he would be unlikely to hear of such levy, and such property j3 soi5j an(j the time of such levy and sale the judgment debtor had property in the county where he resided, subject .to the lien of such judgment, implies either, that the plaintiff knew that he could not enforce the judgment at home, or that he sought to obtain an unfair advantage of the judgment debtor; which conduct will not be sanctioned.</p> <p>4. Same. And in such case, where it appeared, that the judgment had been satisfied before execution issued, and that the defendant received no notice of the proceedings, the sale will be set'aside, unless the rights of innocent purchasers have intervened.</p> <p>6. Same—delay—when no bur to relief. Nor will the fact, that the defendant has suffered considerable delay to occur, which is satisfactorily accounted for, bar his relief.</p> <p>6. Same—when relief barred by defendant's laches. But if he is cognizant of the levy of the writ, and of the sale under it, and fails to pay