McFadden v. Worthington

Citations

• 45 Ill. 362

Syllabus

<p>1. Judgment for costs—a lien upon real estate. Under section 1 of chapter 54 of the Bevised Statutes, a judgment for costs is a lien upon the real estate of the party against whom such judgment is rendered, from the last day of the term of the court in which it was entered.</p> <p>3. Creditors—who deemed to he. A creditor, within the meaning of section 33 of chapter 34 of the conveyance act, is one, who, without actual or constructive notice of a prior conveyance or incumbrance, institutes such proceedings and takes such steps as effect a lien on the land before the recording of such conveyance or incumbrance, whether the debt be prior or subsequent to them, and whether the vendor, at the time of conveying or incumbering, had other property sufficient to pay the debt or not.</p> <p>3. Same. And a plaintiff in a judgment for costs, is a creditor within the meaning of this section of the recording act.</p> <p>4. Subsequent purchaser—under execution, without notice of a prior con veycmce. A purchaser of land at an execution sale is protected in his title against a prior unrecorded deed of which he had no notice.</p> <p>5. In such case, the court cannot go behind the judgment to ascertain the subject matter of the controversy; it is sufficient that the defendant is enabled to show a valid judgment, under which the property was sold, it being the settled rule of this State, that judgment creditors are within the protection of the 23d section of the conveyance act, and stand as purchasers, and are to be regarded as such.</p>