Lamb v. Richards

Citations

• 43 Ill. 312

Syllabus

<p>1. Redemption prom mortgage sale — rights of judgment creditor. Where A mortgaged certain lands to B, and subsequently conveyed the same to G, who in turn mortgaged them to D, and then A died, and B foreclosed his mortgage, making the heirs and administrator of A and the grantees, mortgagors and mortgagees, subsequent to his mortgage, parties to the suit, and the premises were sold to B on the foreclosure decree, who held the certificate of purchase until after the lapse of twelve months from the time of sale, without any person attempting to redeem within that time,—held, that B, after the lapse of twelve months from the time of sale, held the mortgaged property discharged of all right in any person, entitled by statute to redeem within such period; and that, in such case, where B, a judgment creditor, in good faith redeemed from B, before the lapse of fifteen months from the day of sale, B, by such redemption, was subrogated to all the rights of B, and took the property discharged of any right in any person allowed by statute to redeem within one year after sale made.</p> <p>3. Former decisions. Williams v. Tatnall, 29 Ill. 565, considered and explained; also, the cases of Sweezy v. Chandler and McLagan v. Brown et al., 11 id. 445, 519.</p>