Meyer v. Mintonye

Citations

• 106 Ill. 414
• 1883 Ill. LEXIS 187

Syllabus

<p>1. Judicial sale—strict compliance with the law essential to divest title. In judicial proceedings in invitum, for the purpose of divesting the title to an estate of one person and conferring it upon another, under the constitution there must be a strict compliance with the requirements of the law, and the purchaser, in all such cases, must know at his peril that the law has been complied with. If this is not done, he fails to acquire a good title, however much he may pay for the property.</p> <p>2. Same—sale under void execution—is also void. The validity of every execution sale, and the sheriff’s deed thereon, depends upon the officer’s authority to make such sale, and that depends in all cases upon the character and validity of the process under which he acts. If, by reason of the judgment being void, or having for any cause become incapable of being enforced by execution, as, where some of the parties to it have died, and there has been no subsequent revivor of it, and execution should nevertheless be sued out, it will confer no authority upon the officer executing it, and a sale under it, and a deed made in pursuance thereof, will be absolutely null and void.</p> <p>3. Execution—issued after the death of the plaintiff—when valid amd when not. An execution sued out upon a judgment after the death of the plaintiff therein, by his administrator, without first having revived the judgment in his favor, by scire facias, or filing his letters of administration, under the statute, is absolutely void, and no rights can be acquired under the same.</p> <p>4. Redemption from judicial sale—,by whom, other than the judgment debtor—amd of the rights acquired thereby. The mere act of redeeming from a judicial sale may be done by one not having the right to redeem, as well as by one having such right, provided the purchaser sees proper to accept of the amount of the charge or incumbrance, and the effect of such redemption will be to divest all the rights acquired under the s