Shelton v. Blake

Citations

• 115 Ill. 275
• 6 N.E. 409

Syllabus

<p>1. Sheriff’s deed—held by assignee of certificate of purchase—prerequisites to an assertion of his rights under the deed. On bill by the holder of a sheriff’s deed, made to him as assignee of the certificate of purchase, to set aside certain deeds made by the defendant in the judgment under which the sheriff’s sale was made, as clouds upon the title, it is not essential to the relief sought, for the complainant to prove affirmatively that he paid value for the certificate of purchase assigned to him, and upon which his deed was made. Until his deed should be impeached, in some mode known to the law, it is prima facie sufficient as a basis to the relief sought by such a bill.</p> <p>2. A sheriff’s deed for land sold under execution against the owner of the land, is supported by the judgment under which the sale was made, which, in the absence of proof of fraud, is conclusive of the indebtedness of the defendant therein; and the sheriff’s return of the sale and the price paid by the creditor, is sufficient to show that the sale was for value then paid. In such case, the sheriff’s deed to an assignee will be good even though made on an assignment of the certificate of purchase -made by the assignor as a gift to the assignee.</p> <p>3. Ebeehold—whether involved—on bill to remove cloud upon title— as affecting the right of ■appeal. A bill by a holder of a sheriff’s deed for land sold under execution, against the holder of an adverse title, alleging the latter to be colorable, merely, and that although it bears date prior to the lien of the judgment under which the sheriff’s deed was made, yet that the date is false, and seeking to set such deed aside as a cloud on the complainant’s title, directly involves a question of freehold, and a writ of error lies directly from this court to the trial court, to review the decree in such case. This case is distinguished from Sawyer v. Moyer, 105 Ill. 192, and other like cases.</p>