Pease v. Ritchie

Citations

• 132 Ill. 638
• 8 L.R.A. 566

Syllabus

<p>1. Bedehption—by judgment creditor—whether his judgment must be a Hen—discharge in bankruptcy of the debtor. A judgment creditor may redeem from a prior execution sale, altbougb his judgment may not be alien; and the discharge in bankruptcy of the defendant in the execution will not deprive the judgment creditor of the right to redeem under a judgment which is no lien.</p> <p>2. The right of redemption given by statute to judgment creditors is not affected by the discharge in bankruptcy of the defendant in the judgment. The only effect of the discharge is to release the bankrupt personally from the payment of the judgment. It operates to protect after acquired property from being taken in satisfaction of the judgment. In all other respects the judgment remains in full force.</p> <p>3. Same—estoppel of debtor—to claim that the judgment under which the prior sale was had, was satisfied—as affecting the right of judgment creditor to redeem. Where a judgment debtor has the judgment against himself and others bought up by another for his benefit, and has an execution issued thereon and levied upon his own land, and becomes the purchaser in another’s name, and held out to the world that the judgment was in full force against him, and thereby induced another judgment creditor to redeem from the prior sale, he will be estopped, by his acts and representations as to the validity of the judgment against himself, from showing that it was paid, and thereby defeat the sale on the redemption.</p> <p>4. Judgment lien — “issuing” of an execution—in what it consists. The mere writing out an execution, and placing it among the files of the clerk’s office, is not such an issue thereof as is required to make the judgment a lien on the lands of the debtor. In order to have the effect of continuing in force the lien of the judgment, the execution must within one year be issued, and delivered to the sheriff for collection.</p>