Kratz v. Buck

Citations

• 111 Ill. 40

Syllabus

<p>1. Pcacini~n DETAINEE-by purchaser at judicial sale-against whom the action will lie. The remedy of forcible detainer given by statute in favor of a purchaser at a jndicial sale after the time of redemption has expired, is not restricted to the nominal party against whoth the judgment is obtained, but may be employed against any one who, either before or after the time of redemption has expired, obtains possession from the defendant in the jndgment or decree.</p> <p>2. SAME-by purchaser at judicial sale-evidence necessary to a recovery, Wbilv it is $rl4e that the question of title can not arise on the trial of an action of forcible detainer, nevertheless a purchaser at a judicial sale of land can not recover against the judgment debtor, or one succeeding to his rights and possession, unless he offers in evidence a valid judgment, execution and sheriff’s deed. These are indispensable requisites to a recovery, for the reason that a sale of the land under a judgment, and a failure to redeem, must be shown. In such case the judgment, execution and sheriff’s deed are evidence that the land has been. sold and that there has been no redemption.</p> <p>3. Where land was sold under execution issued upon a judgment against A, and B, his wife, and G, after A had placed the title fraudulently in his wife, and D afterwards recovered a judgment against A alone, and under execution thereon redeemed from the prior sale and became the purchaser, and procured a decree finding the title to the land was in A and not B, it was held, that D, after taking a sheriff’s deed, might maintain forcible detainer for the land against any one succeeding to the possession under A and B, or either of them, after the first sale.</p> <p>4. Bedemption — by judgment creditor having a judgment against a party who has fraudulently conveyed. Where land has been sold under execution against a husband and wife, the legal title of which was in the wife by a fraudulent conveyance from her husband, a judgmen