James v. Wortham

Citations

• 88 Ill. 69

Syllabus

<p>1. Execution—sale under, after seven years. Under the code of 1845, a judgment, where an execution is issued within a year after the close of the term, continues to he a lien on the defendant’s real estate seven years from the close of the term at which it is rendered, and no longer; and a sale made of such real estate after the expiration of seven years, confers no title as against subsequent incumbrancers or purchasers, though the levy may have been made before the seven years expire. Such levy will not continue the lien of the judgment beyond the seven years.* </p> <p>2. Where A recovered judgment against B in 1862, at a term of the' circuit court which adjourned May 81, 1862, and an execution was issued on the same within one year, but returned nulla lona, and a pluries execution issued on February 23, 1869, and was levied on the land of B, and sale made of the same on June 12, 1869, and in 1867 judgments were recovered in the county court against the estate of B, who was then deceased, and for the payment of which the same land was sold by the administrator of B to C, under a decree of court, to pay debts, and a deed made to him by the administrator, it was held, that C acquired the title of B in the land, and that the purchaser under the pluries execution acquired no title by his purchase and sheriff’s deed, and that the title of such purchaser would be set aside in equity as a cloud upon ' the title of 0.</p>