Johnson v. Baker

Citations

• 38 Ill. 98

Syllabus

<p>1. Process—-from justices of the peace—time of service required—and of the effect of insufficient service. The statute requires that a summons issued by a justice shall be served at least three days before the trial, and where it appears a trial was had upon a shorter notice than that, unless there was an appearance by the defendant, the justice will have failed to acquire jurisdiction of his person, and any judgment rendered against him will be absolutely void, and may-be questioned in any other proceeding, direct or collateral.</p> <p>2. So where a transcript of a judgment rendered by a justice of the peace, was filed in the office of the Clerk of the Circuit Court,, and an execution was issued thereon, which was levied upon lands, and the lands were sold in pursuance of such levy, it appearing that the summons issued by the justice was served only two days before the judgment was rendered, the judgment and all proceedings under it were held void.</p> <p>3. Judgment creditors—redeeming from a prior execution sale—of what they must talce notice. And a junior judgment creditor redeeming from such a sale, and becoming the purchaser in pursuance of such redemption, will acquire no title to the premises. The prior sale being void, his redemption and sale based thereon, will also be void.</p> <p>4. A judgment creditor, seeking to redeem under such circumstances, will be held to have notice of what the record shows, that the justice had no jurisdiction.</p> <p>5. Forcible detainer—of the evidence required—title not in question. Prior to the passage of the amendatory act of 1861, the title to land could not be inquired into for any purpose in this action; nor is the law different now.</p> <p>6. But where the plaintiff seeks to recover under tñe provisions of that act, as a purchaser at a sheriff’s sale under execution, he must show a valid judgment, an execution, and a deed for the premises on a sale by the sheriff under such a judgment,</p> <p>7. And if the plaintiff