Lambert v. Livingston

Citations

• 131 Ill. 161
• 23 N.E. 352

Syllabus

<p>1. Judicial sale—reversal of judgment or decree — effect upon the rights of the purchaser. Where a stranger to the record becomes the purchaser of land at a foreclosure sale, or under a judgment or decree, and has no notice of any error in the proceedings, the subsequent reversal of the judgment or decree will not affect such purchaser’s title or rights, provided the court had jurisdiction to render the decree or judgment.</p> <p>2. A decree for the foreclosure of a deed of trust recited that the trustee was dead, and that the person named in the trust deed as his successor in trust was a party, and served. After sale under this decree to a stranger to the record, the decree was reversed, on the ground no service appeared on the original trustee, and the bill and proofs failed to show the death of such trustee. The final decree showed that the recital in the first decree was true: Held, that there was no such want of jurisdiction over the subject matter or the parties as that the reversal of the decree should operate to destroy the rights of a bona fide purchaser, not a party to the proceeding.</p> <p>3. Same—notice to purchaser—lis pendens. By applying to the court in which the cause is pending on error, for the modification of an order for a supersedeas, so that it may not interfere with the service of a writ of possession, the purchaser, if not a party to the record, and having no actual notice of errors in the proceeding, does not make himself such a party to a writ of error to reverse the decree under which he claims, as to thereby affect him with notice of error in the decree.</p> <p>4. The rights of a purchaser at a master’s sale, when he is no party to the record, become fixed upon payment of the price and the confirmation of the sale; and notice of error, to affect him or his assignee, must have been brought home to him before they became interested in the property.</p> <p>5. Same—confirmation of sale—what to be so considered. On the filing of a report o