Tenney v. Hemenway

Citations

• 53 Ill. 97

Syllabus

<p>1. Covenant against incumbbances—its effect on the right to compel the payment of purchase money. Where a vendor of real estate agrees to remove all existing incumbrances upon the premises, a failure to remove them will constitute a defense in equity against the notes given for the purchase money, to the extent of the incumbrance; and such defense will be good, even against an assignee of the notes, before maturity, he having notice thereof when he received them.</p> <p>2. Judoment lien—its duration—whether continued in existence by the levy of an execution. Under our statute, where an execution is issued upon a judgment within a year, the judgment will continue to be a lien upon real estate, as against subsequent purchasers, for a period of seven years after the last day of the term at which it was rendered, and no longer; and a pending levy of an execution issued on the judgment, made during the existence of the lien, will not operate to continue the lien of the judgment beyond the statutory period of seven years.</p> <p>3. Same—effect of the levy. The levy of an execution upon land has no force in the creation of a lien, except in the single instance, where the execution is issued to a foreign county, and the certificate of levy is recorded as required by statute; with that exception, the lien, if any exists, is that of the judgment.</p> <p>4. Redemption—by a junior judgment creditor. Where a levy upon land is pending at the time of the expiration of the lien of the judgment under which the levy was made, whatever right of redemption may have existed in a junior judgment creditor by virtue of such levy, such right of redemption would cease to exist with the lien of the elder judgment.</p>