Littler v. People ex rel. Hargadine

Citations

• 43 Ill. 188

Syllabus

<p>1. Redemption—right of—how must he exercised. The right of redemption is statutory, and must be exercised in pursuance of the statute, otherwise it will be ineffective.</p> <p>2. Same—hy a judgment creditor—statute must he complied with. The statute declares, that after the expiration of twelve months, and at any time before the expiration of fifteen months from the sale of the premises, any judgment creditor may redeem the same in a certain manner therein specified; and a judgment creditor seeking to acquire rights under this statute must comply substantially with all its requirements.</p> <p>3. Former decisions. Phillips v. Demoss, 14 Ill. 410; Elkin v. The People, 3 Scam. 207; Robertson v. Dermis, 20 Ill. 313; McLagan v. Brown, 11 id. 619, considered and explained. In the last case, the doctrine there announced, disapproved.</p> <p>4. Redemption—when made by judgment creditor—payment must be made to the sheriff. The statute requires, that when redemption is sought by a judgment creditor, the redemption money must be paid to the sheriff in whose hands the execution is placed, such sum being held as a bid upon the lands.</p> <p>5. Same —payment to a person other than the sheriff, i/rregula/r. And when, in such case, a judgment creditor paid the redemption money to the master in chancery, who made the sale; held, that the redemption was irregular; that payment should have been made to the sheriff, as required by law, and having been made to a person unauthorized to receive it, it could not be ratified by the sheriff, so as to make it effective.</p> <p>6. Same—by a judgment debtor—to whom payment map be made. But when redemption is sought by a judgment debtor, payment may be made to the master in chancery, who made the sale; or to any other officer of the law, who, by his official bond, is bound for such payment.</p> <p>7. Execution—concerning issuance of— after' death of judgment debtor— when there is no executor or administrator—quere—whether judgment should be