Karnes v. Harper

Citations

• 48 Ill. 527

Syllabus

<p>1. Chancery—decree—lien of. The lien created by the 14th section of the chancery code is general, and only where there is a money decree in a case in personam and not specifically in reference to lands or tenements.</p> <p>2. The first clause of the 45th section creates a lien by decree on the lands in respect to which they are rendered; and the second clause authorizes the court, when a decree is pronounced requiring a party to perform some act other than for the payment of money, to make it a lien on the real and personal property of the party, until he shall perform the decree; and the third clause declares that such lien shall have the force and effect of, and be subject to, the same limitations and restrictions as judgments at law: Meld, that the third clause refers to the second and not the first clause. And if it did refer to both, a decree foreclosing a mortgage being within the first clause, the lien would continue for seven years.</p> <p>3. Under neither clause is it necessary to have a copy of the decree issued, to perpetuate the lien, as in chancery practice it is not usual to issue process to have a decree executed.</p> <p>4. Sale—under a decree—by master. It is the decree which confers the power on the master to sell, while at law it is the writ issued on the judgment. If a master were to proceed to execute a decree without process, or a copy of the decree, and were to sell in conformity to its requirements, the sale would not be set aside ; but, if a sheriff were to sell under a judgment without process, the sale would be void. The lien given by this section does not depend for its continuance on issuing process, or a copy of the decree within a year from its date, nor must a sale be made, on the foreclosure of a mortgage, within that time, and if not so made the lien will not be lost. ’</p>