Johnson v. Bantock

Citations

• 38 Ill. 111

Syllabus

<p>I. Forcible detainer by purchaser under execution—evidence required. To recover in an action of forcible detainer, under the act of February 20, 1861, against one who remains in possession after his rights have been divested by judicial sale, the plaintiff must show a valid judgment, execution and deed.</p> <p>2. Conveyance—its requisites. No particular form of words is required in a deed, to pass the title, but it must appear from the language employed that such was the intention, and this can not be gathered from conjecture. The deed must contain apt and proper words of grant, release or conveyance, or the title will not pass.</p> <p>3. An instrument executed by a sheriff to a purchaser of land at an execution sale, stating that he had sold to him certain land, describing it, and that he was entitled to a deed therefor, with a habendum, clause, to have</p> <p>and to hold said described premises to him and his heirs and assigns forever, but not containing any words of grant, release or transfer, was held inoperative as a deed to pass the title.</p> <p>4. Abstracts—what they should contain. A mere index to a record does-i not constitute such an abstract as the rules demand. While it is not necessary that an abstract should contain those portions of the record upon which no question is made, yet the portions upon which error is assigned should be fairly and intelligibly presented, so that the court may see, from the abstract, to what the objection is taken.</p> <p>5. Same—must he sufficient. The court will not feel bound to hear and decide causes upon insufficient abstracts.</p>