Tinney v. Wolston

Citations

• 41 Ill. 215

Syllabus

<p>1. Judgment lien—not affected by subsequent action of the judgment debtor. A person who gives another a valid lien upon land, or against whom the law has created a lien, is unable, by any act of his, short of discharging it, to impair or affect it.</p> <p>3. So a judgment creditor, who has obtained a lien upon the land of his debtor, has a right to enforce his lien precisely in the condition he obtained it, and to sell the property as the debtor held it at the time the lien was created.</p> <p>3. Same — effect of the lease taken by the judgment debtor upon his own land, as to a purchaser under the judgment. The taking of a lease by a judgment debtor upon his own land, from one who has no title, after the lien of the judgment has attached, and thereby acknowledging the lessor to have the superior title, will not estop the judgment creditor, or those acquiring their rights by purchasing under the judgment, from disputing the title of such lessor.</p> <p>4. So a purchaser under such judgment would not be liable to pay the rent which might be reserved in the lease given under such circumstances, and agreed to be paid by the judgment debtor.</p>