Low v. Pratt

Citations

• 53 Ill. 438

Syllabus

<p>1. Parties defendant, to a creditor's bill. Where a judgment creditor, who has levied upon and purchased at the sheriff’s sale, a tract of land which he claims belonged, in equity, to his debtor, seeks, by bill in chancery, to have his title derived under such sale, established as paramount to the legal title thereto held by a third person, the latter is a necessary party to the bill.</p> <p>2. Purchaser pendente lite—who so regarded. A judgment creditor filed a bill for discovery against his debtor and another, to ascertain whether the debtor had any property which could be subjected to the payment of his judgment. A supplemental bill was filed, alleging that after filing the original bill, the complainant had levied upon and purchased at the sheriff’s sale a tract of land, the legal title to which was in the co-defendant of the debtor, but in trust for the latter. By the supplemental bill it was sought to have the title of the complainant, derived under his judgment, established as paramount to that held by the alleged trustee of the debtor. After the filing of the original bill, but before the supplemental bill was filed, the party who then held the legal title, the co-defendant of the debtor, sold and conveyed the land to a third person: Held, the latter would not be regarded as a purchaser pendente lite. The original bill, being a mere bill for discovery, containing no allegations in regard to this land, or any allusion to it except an interrogatory to the debtor whether his co-defendant did not hold it in trust for him, was no notice to subsequent purchasers that the debtor had equities in the land which his creditors were seeking to reach.</p>