Pensoneau v. Heinrich

Citations

• 54 Ill. 271

Syllabus

<p>1. Forcible detainer—by whom, it may be maintained. Where the decree in a proceeding to enforce a mechanic’s lien directed a sale of the premises if the money was not paid within ninety days, the defendant was thereby afforded the opportunity to redeem from the lien declared in the decree at any time before the sale, and upon a sale being had, and a deed made by the master to the purchaser, the latter may maintain an action of forcible detainer against the defendant in possession, under the act of 1861, relating to such actions, notwithstanding there was no right of redemption after the sale.* </p> <p>2. Evidence—effect of a dewee as evidence that the court had jurisdiction of the person of the defendant. In an action of forcible entry by the purchaser under a decree in a proceeding to enforce a mechanic’s lien, such decree is prima facie evidence that the court in which it was rendered had jurisdiction of the person of the defendant in that proceeding, although the decree fails to find that he was served with process, or entered his appearance, the presumption always being in favor of a court of general jurisdiction, in that •regard.</p>