Niantic Bank v. Dennis

Citations

• 37 Ill. 381

Syllabus

<p>1. Redemption—by one creditor from another in equity. The M. & M. Bank recovered a judgment in the name of King, its attorney, in November, 1853, against Davidson, who held a tract of land under a perpetual lease with the right to purchase the fee at a fixed price. In January, 1854, Dennis recovered judgment against Davidson. In February, 1854, the bank, having an unrecorded assignment from Davidson, older than either judgment, of his lease, paid the purchase price and received a deed from the owner of the fee, and then recorded the assignment and deed. In May, 1857, the land was sold under the King judgment. In August, 1858, Dennis recovered another judgment against Davidson, and redeemed from the sale under the King judgment and obtained a Sheriff’s deed. Dennis had sold in May, 1856, under his first judgment but had not taken out a deed. He now filed a bill to redeem the legal title from the M. & M. Bank and its assignees. Held, that he could redeem by paying what the bank had paid for the legal title, and interest and taxes.</p> <p>2. Judgment lien. The lien of a judgment upon an equitable estate in land belonging to the judgment debtor is not affected by the fact that the instrument under which the equity arises is not recorded.</p> <p>3. Estoppel—by acts in pais. If a judgment creditor causes land belonging to the judgment debtor at the date of the judgment to be levied on and sold under an execution issued upon the judgment, he cannot, as against a purchaser at the Sheriff’s sale or redeeming creditor, insist that the judgment was paid at the date of the sale, and its lien destroyed.</p> <p>4. Execution—presumption in regard to its issue. The presumption is, in the absence of proof, that a clerk issues an execution only under the direction of some person authorized to control the writ.</p>