Shirk v. Metropolis & New Columbia Gravel Road Co.

Citations

• 110 Ill. 661

Syllabus

<p>1. Lien— of judgment—not affected by an appeal. An appeal from a judgment of the circuit court to the Supreme Court does not affect the lien of the judgment, or its capacity to become a lien on real estate acquired by the judgment debtor pending the appeal.</p> <p>2. Execution—pending an appeal, not void, but voidable. The issuing of an execution on a judgment of the circuit court pending an appeal from the same, is irregular, but the execution is not void; and a sale of land under such execution is subject to be set aside on motion by the defendant, made in proper time, but by no one else; and if not so set aside, the sale will pass the defendant’s title to the land.</p> <p>3. Same—who may have sale under, set aside. Ho one but the defendant in an execution can question a sale of his land under the same, for an irregularity. If he fails to have the same set aside, and acquiesces in the sale, no one acquiring a title from or through him can question the validity of the sale, especially in a collateral proceeding.</p>