Ryhiner v. Frank

Citations

• 105 Ill. 326
• 1883 Ill. LEXIS 92

Syllabus

<p>1. Jtjdioiaii sale—time within which to procure the deed.' Where land was sold oil execution on August 10,1871, and the sheriff’s deed was not taken out until on December 21, 1878, under the act of March 22, 1872, which went into effect July 1,1872, it was held, that the certificate of purchase became void, because the deed thereon was not made within five years from the expiration of the time of redemption, and the sheriff’s deed thereon was a nullity, passing no title.</p> <p>2. Same—notice to purchaser of what record shows. Notice to a purchaser at a sheriff’s sale under execution, of the existence of a deed of trust given by the execution debtor for the purchase money after the date of the judgment upon which the execution issued, will not, in a court of law, affect the lights of the purchaser, as the records would show such deed of trust, and also that it was subsequent to the date of the judgment, nor would it avail in equity, as the taking of the trust deed is a waiver of the vendor’s lien.</p> <p>3. Limitation—retrospective effect. A statute limiting the time of taking out deeds on a certificate of purchase at sheriff’s sale, changing the time fixed by this court, and applying to sales made before its passage or before it took effect, if it gives a reasonable time for taking out such deed, is a valid law, taking away no vested right, but affecting and changing only the remedy.</p> <p>4. Judgment men—as against subsequent incumbrance. A judgment in a court of record is a lien upon the defendant’s land from its date, and the lien thereof will be prior to that of a deed of trust subsequently given on real estate by such defendant, though for the purchase money, and though the sheriff’s deed to the purchaser on execution is not made until after the recording of the trust deed. The sheriff’s deed, when made, relates back to the date of the judgment, and takes effect as of that date against intervening incumbrancers and purchasers.</p> <p>5. Vendor’s men—waimer