McHany v. Schenk

Citations

• 88 Ill. 357

Syllabus

<p>, „ 1. Subrogation—of judgment lien to purchaser. A person purchasing land at sheriffs sale under execution, and thus satisfying the judgment, is entitled, in equity, either to the land or to realize the money so paid, with interest, from the sale, and if such sale is set aside for an informality, as, selling the land en masse, he will be subrogated to the lien of the judgment, and the rights of the judgment creditor under the same.</p> <p>2. Judgment lien—setting aside sale, revives lien as against intervening judgment. Where a sheriff’s deed and a sale of lands under execution are set aside for irregularity in the sale, and the lands ordered to be sold for the benefit of the purchaser, the original lien of the judgment will he continued in force even as against the lien of an intervening judgment.</p> <p>3. Same—purchase subject to. A purchaser of land acquiring his title after a judgment against his grantor has become a lien on real estate takes subject to such lien, and a subsequent sale of the land under execution, if not redeemed from, will pass the title of the judgment debtor.</p> <p>4. Judicial sale en masse is not void. The sale of lands, capable of division, en masse, by a sheriff, under execution, is not void, but merely voidable, and is binding on all parties until set aside, a,nd if set aside in equity, the court should protect the rights of the purchaser by enforcing the lien of the judgment in his favor, even as against intervening liens, and a subsequent sale under such lien will pass the title of the judgment debtor.</p> <p>5. Same—inadequacy of price. When all the requirements of a decree for the sale of land are observed, a court of equity will not interfere with the rights of the purchaser in the absence of fraud, or something rendering it inequitable in holding and-enforcing them. Mere inadequacy of price, where there is doubt as to the acquisition of title, and a prospect of litigation, will not invalidate the sale.</p> <p>6. Same—approval