Kell v. Worden

Citations

• 110 Ill. 310

Syllabus

<p>1. Bight of bedemption from execution sale—whether subject to levy and sale. The law is well settled that the right of redemption of a judgment debtor during the twelve months after his lands have been sold on execution, is not subject to levy and sale on another execution.</p> <p>2. Bedemption by judgment creditor—irregularity—waiver by accepting redemption money. Where a junior execution is levied upon the land of the debtor within one year after its' sale on a prior execution, but no redemption is made by the junior judgment creditor until after the year expires, if the holder of the certificate of purchase accepts the redemption money he will waive the irregularity in making the levy under the junior execution within twelve months from the prior sale.</p> <p>3. Execution sale—agreement as to extent of interest to be acquired by purchaser. A, B and 0 owned a certain tract of land, each an undivided one-third. A’s interest was passed by a sale under a deed of trust given by him, and D became the owner of such interest, subject to a judgment against A and B, which was a prior lien to that of the trust deed. D became the purchaser at the sale under execution on this judgment, E having the later judgment against A, and B, after the expiration of twelve months, redeemed from the first execution sale and levied upon the land, and to keep D from bidding at the sale, by an arrangement with B and D, agreed to bid off the land on his execution, and that the sale should in no manner affect the title held by D to the undivided one-third of the land, or the interest of A, he had bought under his deed of trust: Held, that the contract was a valid and binding one, and that E, by his purchase at the sheriff’s sale, acquired only B’s undivided one-third of the land.</p>