Weaver v. Third National Bank
Appellate Court of Illinois
Memorandum.—In equity. Appeal from the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. Heard in this court at the November term, 1894.
1Opinion of the CourtJustice Boggs
delivebed the opinion of the Court.
The lien of judgments rendered at the same term of court is, under our statute, concurrent; neither lias priority; Sec. 1, Chap. 77, R. S., Judgments, etc. At common law where judgments were equal the judgment creditor who first had execution issued and levied, as a reward for his diligence obtained a priority in the proceeds of the sale of the property levied upon. Smith v. Lend, 29 Ill. 24; Freeman on Executions, Sec. 203. The common law right to thus secure priority was to some extent abridged by the enactment of the 13th section of said chapter 77 of R.…
2Cases cited2 opinions
- Smith v. LindIllinois Supreme Court · 1862
- Corbin v. PearceIllinois Supreme Court · 1876
3Cited by1 opinion
- Peasley & Co. v. WeaverAppellate Court of Illinois · 1896