Martin v. Judd

Citations

• 60 Ill. 78

Syllabus

<p>1. Redemption by creditor — regularity of Ms judgment. A debtor who has failed to redeem within twelve months may confess judgment in favor of another creditor upon a bona fide debt, for the purpose of enabling him to redeem, but the indebtedness must be clearly shown and the proceeding free from suspicion.</p> <p>2. Jurisdiction — attorney. A court acquires jurisdiction of a party beyond reach of its process, on entry of appearance by attorney.</p> <p>3. Appeaiiance — when sufficient. The authority of an attorney appearing in open court, will be presumed to be regular until the contrary is shown. But in vacation, authority to confess judgment must affirmatively appear; no presumption will be indulged as to his authority.</p> <p>4. Ratification. Ratification of act done is equivalent to precedent authority, and relates back to the date of the execution of the power.</p> <p>5. Setting- aside judgments, yoid and voidable — at whose instance. Collateral, as well as direct parties, may impeach a void judgment, as when confessed through fraud and collusion without indebtedness. But if only voidable, the rule seems to be different, and only the party himself can impeach it.</p> <p>6. Right to redeem — when lost. A judgment creditor purchasing the land within the twelve months, takes his grantor’s right of redemption, but loses his right to redeem as a creditor.</p>