Hayes v. Bernard

Citations

• 38 Ill. 297

Syllabus

<p>1. Ejectment—whether the defendant, may show outstanding title. The general rule is, that when a defendant in execution, whose land has been sold thereunder, is sued in ejectment by the purchaser under the execution to recover the possession, he can not dispute the plaintiff’s title, and such purchaser takes exactly-such estate as the debtor had.</p> <p>2. If the defendant, after the sale, abandons the land, but subsequently returns to it, and is then sued in ejectment, he may show an outstanding-title, provided, he shows that he has taken possession and holds under it.</p> <p>3. Fraud—is for the jury. The question of fraud, is one for the jury to determine from the evidence.</p>