Weis v. Tiernan

Citations

• 91 Ill. 27

Syllabus

<p>1. Creditor’s bill—judgment must be a lien, to avoid fraudulent conveyance. The issuing of an execution upon a judgment within one year after its rendition, is indispensable to the right of the creditor to maintain a bill to set aside a fraudulent conveyance of land, and subject the same to sale in payment of the judgment. Without this the judgment is no lien on real estate,— and a lien is essential to the right to maintain the bill.</p> <p>2. Evidence—to prove judgment. The record of the court, if in existence, is the only competent evidence to establish the fact of the recovery of a judgment, and secondary evidence is not admissible until the destruction of the record is shown.</p> <p>3. Secondary evidence—proof of destruction of original evidence. The loose statement of a party that he had heard the records of a court were destroyed, or, had read it in a newspaper, is not sufficient to admit secondary evidence of a judgment. If the records have been destroyed, the fact may be proved by any person who knows the fact.</p> <p>4. Execution—after seven years. An execution issued on a judgment after seven years from its rendition and levied on land, where no execution has been issued within a year, is unauthorized, unless the judgment has been revived by scire facias, and such execution may be avoided, and the certificate of levy under it will form no basis for a lien under such judgment.* </p> <p>5. Same—levy when no lien. The lien of a levy where an execution issues to a foreign county and is levied on land, will not continue beyond seven years from the last day of the term of the court at which the judgment was recovered.</p>