Whalen v. Bishop

Citations

• 58 Ill. 162

Syllabus

<p>1. Advebse equities.—purchasing in outstanding title. The holder of an equitable title to lands, has the right to protect his title by buying in an outstanding legal title, to enable him thereby to defeat adverse equities.</p> <p>2. Same—purchasers at sheriffs’ sales—within the rule. When an attempt is made to convey lands, subject to the lien of a judgment, by the judgment debtor, and also by the sheriff under a fieri facias, but by a misdescription, both are ineffectual to convey the legal title, and the purchaser at the sheriff’s sale perfects his title by buying in the outstanding legal title, equity will not deprive him of his advantage, in aid of one claiming title under the judgment debtor subsequent to the judgment.</p>