Mulvey v. Carpenter

Citations

• 78 Ill. 580

Syllabus

<p>1. Redemption—tifie acquired by judgment creditor depends on validity of previous sale. If a sale of land under execution is void by reason of the judgment or decree on which the execution issues being void, a redemption and sale by a judgment creditor will also be void, and no title will pass.</p> <p>3. Jurisdiction—to (moo'd execution on decree at a subsequent term. Where a decree of foreclosure against two defendants, one of whom was brought into court by publication, provided that the master appointed to sell should report any deficiency after the sale, and that an execution issue against the defendants personally liable to pay the debt for such deficiency, and, about three years and a half after such report, the court ascertained the deficiency, and awarded an execution against one of the defendants, without any new notice of the intended action, undér which land was sold: Meld, that the court had no jurisdiction to make the supplemental order awarding the execution, and that the sale was a nullity.</p> <p>3. Where a final decree is made, in a suit in chancery, confirming the master’s sale of property, and the.cause goes off the docket, and it is, at a succeeding term, reinstated, without notice to any adverse party whose interests are to be affected, all subsequent orders will he without authority of law, and void.</p> <p>4. Decree—uncertainty. Where a decree of foreclosure against two defendants, one of whom held the legal title to the property in trust for the other, provided that, on the coming in of the master’s report of sale, an execution should issue on the decree for any deficiency not realized by the sale against “ the defendants who are personally liable: ” Meld, that the order was indefinite and uncertain as to which was personally liable, but being joint against the “ defendants,” no execution could issue against one only of them.</p>