McKee v. Brown

Citations

• 43 Ill. 130

Syllabus

<p>1. Recognizance—Men on real estate. A recognizance is not a lien on real estate, until there is a judgment of forfeiture and an award of execution on a sevre facias, or until a judgment in debt is recovered on the recognizance.</p> <p>2. Same—sale before lien, attaches. A sale by the principal recognizor, before the lien of the judgment on a recognizance attaches, passes the title, and a sale under an execution upon such a judgment does not divest such title, nor does the purchaser under such a sale acquire any title as against the prior vendee who has recorded his deed before the lien of the judgment attached.</p> <p>8. Dower — barred by subsisting title. Where a person was recognized to appear and answer to a criminal charge, and, he being joined by his wife, conveyed real estate in fee to his bail, or another, to secure his sureties, and fails 'to appear, and the recognizance is forfeited, and the holder of the title of such land, supposing a city to be entitled to the forfeiture, conveyed the premises to the city in satisfaction of the forfeiture; but, the forfeiture being afterward claimed by the school commissioner, and purchased in by both under the execution on the judgment recovered on the recognizance, and the deed was, under the order of court, made to the school commissioner, who conveyed it to another person, and where it appeared, that the person recognized to appear to answer the criminal charge had died; Seld, in a proceeding instituted by his widow, against the purchaser from the school commissioner, for dower in the premises, that she was estopped by the conveyance of the property by her and her husband to indemnify his sureties, and, that defendant might set that and subsequent conveyances up as an outstanding title to defeat her recovery. That until that title is set aside as fraudulent, or otherwise, she had no claim to dower in the premises.</p>