Hays v. Cassell

Citations

• 70 Ill. 669

Syllabus

<p>1. Purchaser at judicial sale—whether attorney or client. Where the attorney of the plaintiff in execution purchases the land sold, in his own name, taking a certificate of purchase to himself, and pays the costs only, hut no part of the execution, and as attorney gives the sheriff a receipt for the amount of the judgment, the purchase will he that of the plaintiff in execution, and the attorney can not assign the certificate without his authority.</p> <p>2. Certificate of purchase passes no title. A certificate of purchase at sheriff’s sale of land passes no title to the purchaser, and will not disturh the possession of the defendant in execution until after the time of redemption has expired, and his title is transferred by the sheriff’s deed.</p> <p>3. Reversal—effect of on party's rights. The effect of a judgment of reversal is, to restore the defendant to all he has lost by the erroneous judgment, if the title to the property has not passed by the execution of the judgment to a third party; and if this is the case, the defendant will have an action against the plaintiff for full damages.</p> <p>4. Same—who affected by reversal. If the attorney of a plaintiff in execution purchases land sold under the execution, on his own account, he can not be regarded as a bona fide purchaser, so as not to be affected by a subsequent reversal of the judgment.</p> <p>5. Setting aside sale after reversal. Where the judgment under which a sale of land is made is reversed, the sale may be set aside, on motion, after the expiration of twelve months, when no deed has been taken out and the judgment debtor is still in possession.</p> <p>6. Notice of motion to set aside judicial sale. When a motion is made to set aside a sale of land on execution, before a sheriff’s deed is made, it is sufficient to give notice thereof to the plaintiff in the execution, who is the purchaser. The defendant is not required to serve such notice on an assignee of the certificate of purchase.</p>