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· 1/15/1871

Priest v. Wheelock

Citations

  • 58 Ill. 114

Syllabus

<p>1. Judgment—lien. After the lapse of seven years from the last day of the term of the court in which a judgment was rendered, a Iona fide purchaser of reat'estate from the debtor takes it free from the lien of the judgment.</p> <p>2. Mortgage—judgment lien of the debt. But where a mortgage is given to secure payment of a debt, the lien of the mortgage continues notwithstanding the debt has been reduced to a judgment, and it, by lapse of time, ceased to be a lien. The merger of the note in the judgment docs not extinguish the debt, and the mortgage continues a lien until it is satisfied or the judgment is barred by the statute of limitations. The plaintiff iu the judgment could bring debtor seire facias, or issue execution on the judgment, if one was issued within a year and a day, at any time within twenty years.* </p>

Judges: Walker

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