Stribling v. Prettyman

Citations

• 57 Ill. 371

Syllabus

<p>1. Ejectment—letting in third persons to defend. In an action of ejectment, after judgment rendered against the defendant in -possession, upon motion based on affidavit at a subsequent term other parties were permitted to defend: Held, the affidavit, it appearing from the statements therein that the title claimed by the applicants was consistent with the possession, and that there was a privity of interest between them and the original defendant, was sufficient to justify the action of the court in vacating the judgment and permitting the applicants to defend—it was not necessary that an exhibit of their title should accompany the affidavit.</p> <p>2. Construction of statutes—general rules. In the construction of statutes, the intention of the legislature is always a proper subject of inquiry. The intention is to he ascertained from the act itself and other acts in pari materna—all acts in pari materia are to he taken together as if they were one law—and this rule prevails even though some of the acts may have expired or been repealed.</p> <p>3. Execution—xoithin what time it may issue. Upon a judgment obtained in a court of record execution may issue against tiie judgment debtor if one was issued within a year and a day, and its collection be enforced against the real estate of the debtor except “as against bona fide purchasers and subsequent incumbrancers, etc.,” after the expiration of seven years, and at any time within twenty years. * </p> <p>4. Walker and Scott, Justices, hold that execution can not lawfully issue after the expiration of seven years, except upon a sevre facias to revive the judgment.</p> <p>5. Sheriff’s deed—insufficiency of retux'n of sale—its effect. In an action of ejectment, where the plaintiff claimed under a sheriff’s sale, an objection that the sheriff’s return upon the execution failed to show a sale, was overruled. It was only necessary for the plaintiff to produce the judgment and execution, to entitle his deed to he read in evide