Yackle v. Wightman

Citations

• 103 Ill. 169
• 1882 Ill. LEXIS 164

Syllabus

<p>1. Lien—of a decree on land out of county. Without the aid of the statute, a judgment or decree of the circuit court is a lien only upon lands within the county in which the judgment or decree was rendered, and the court has no power to make its decree a lien upon lands of the defendant in another county, merely by a provision therein to that effect, as against an innocent purchaser.</p> <p>2. Same—how a decree or judgment may be made a lien in another County. To make a judgment or decree rendered in one county, on change of venue, a lien, under the act of 1874, upon the defendant’s real estate in the county where the suit was brought, a transcript- thereof must be filed with the clerk of the circuit court of the latter county, and an entry of the same made in the judgment docket, after which such judgment or decree will have the same effect as if rendered in the court in which the suit was originally instituted. The recording of a copy of such decree in the book of the record of deeds, in pursuance of a direction in the decree, will not be regarded as a compliance with the statute, and will create no lien upon the defendant’s lands as against an innocent purchaser for value.</p>