Paine v. Root

Citations

• 121 Ill. 77
• 13 N.E. 541

Syllabus

<p>1. Wbit of possession—in favor of a purchaser under decree. To authorize the award of a writ of possession in favor of a purchaser under a decree, against one in possession of the land, it must be clearly shown that the former was either a party to the suit in which the writ is asked, or that he purchased pendente lite.</p> <p>2. Lis pendens—as against a purchaser under execution. The pend-ency of a bill by a member of a corporation against the corporation and its board of directors, to compel the latter to discharge their duties, will not affect the right of a judgment creditor of the corporation to collect Ms judgment by sale of the lands of the corporation; and when a sale is made of its land under such a judgment, pending such bill, neither the corporation, nor one claiming under it, though through a sale under a decree rendered in the chancery suit, can invoke the doctrine of lis pendens to affect the purchaser-under the judgment at law. That doctrine has no application to such a case.</p> <p>3. In such case, the fact that there may be other and superior liens upon the property in favor of other parties, is of no concern of the corporation or its members.</p>