Richeson v. Crawford

Citations

• 94 Ill. 165

Syllabus

<p>1. Statute—saving rights on repeal. The act of 1872 repealing section five of the Revenue act of 1853, which made a collector’s bond, when approved and recorded, a lien on all the real estate of the collector, provides that the repeal of the act of 1853 shall not impair any existing rights.</p> <p>2. Lien—of collector’s bond. Under the act of 1853, now re-enacted as section 134 of the Revenue law of 1872, the approval and recording of a collector’s bond created a lien upon the real estate of the collector in favor of the State and county for moneys collected by him, which can not be defeated by any sale by him to another.</p> <p>3. Same—when enforcible only in equity. A court of equity is the appropriate and indeed the only forum in which to enforce the lien given by the statute upon the real estate of a collector of taxes, as against subsequent purchasers from him acquiring the legal title before judgment against him.</p> <p>4. Subrogation—of surety to lien on principal’s land. Where the sureties of a county collector are compelled to pay money to the State or county for the default of the collector after he has transferred his real estate after the statutory lien has attached thereto, they will in equity be entitled to be subrogated to the lien in favor of the State, and may enforce the same against the grantee of the collector by a bill in chancery to reimburse themselves for the amount paid by them.</p> <p>5. Same—security tajeen by payee inures to benefit of surety. Where a mortgage or further security is taken from the principal debtor, the property embraced in it is to be held not only for the benefit of the creditor, but also for the indemnity of the surety, and it is the right of the surety, when he pays the debt of the principal, to be subrogated to whatever security the creditor had.</p>