Wooters v. Joseph

Citations

• 137 Ill. 113
• 27 N.E. 80

Syllabus

<p>1. Redemption—by judgment creditor-—a statutory right. The right of redemption from sale under execution or on foreclosure of mortgage, by a judgment creditor, is purely statutory, and the mode prescribed by the statute must be pursued to make a valid redemption.</p> <p>■2. Justice’s tbanscbipt—conditions to its proper filing—as a basis for redemption, etc. A transcript of the docket of a justice of the peace, filed in the office of the clerk of the circuit court, was complete in all respects, except that the copy of the execution issued on the judgment failed to show that it was signed by the justice : Held, that the filing of such transcript created no lien on land, and that an execution issued on it was void, and could not form the basis of a redemption of real-estate from judicial sale.</p> <p>3. A transcript of a justice’s judgment and proceedings is not authorized by law to be filed in the circuit court, and become a lien on the defendant’s land, except upon the return of an execution showing that the defendant has not, in the county, sufficient personal property to-satisfy the judgment and costs.</p> <p>4. The transcript of the justice of the peace must be certified by him as truly copied from the files and books of his office, and, among other things, it must contain a copy of the execution or executions issued on the judgment, with the constable’s returns thereon, showing no property found sufficient to satisfy the judgment and costs. If the copy of the only execution issued fails to show the justice’s signature thereto, this defect will be fatal, though the original may, in .fact, have been signed by the justice, and no execution can lawfully be issued from the circuit court on such transcript.</p> <p>5. The issuing of an execution to a constable, and his return thereon-that the defendant has not personal property sufficient to satisfy the judgment and costs within the county in which the judgment was rendered, are conditions precedent to the right to h