Jones v. Thompson
Illinois Supreme Court
On the 13th day of February, 1858, the property in question was sold to Greely and Gale upon an execution on a judgment of Greely and Gale against Thompson, rendered Oct. 17th, 1857. May 10th, 1858, there was filed for record a deed of trust from Thompson to Jones, the complainant, to secure the payment of $1,139, which deed was dated Feb. 3rd, 1858. Greely and Gale held, without redemption, their certificate of purchase at said sheriff’s sale until the 3rd of April, 1859,…
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On the 13th day of February, 1858, the property in question was sold to Greely and Gale upon an execution on a judgment of Greely and Gale against Thompson, rendered Oct. 17th, 1857. May 10th, 1858, there was filed for record a deed of trust from Thompson to Jones, the complainant, to secure the payment of $1,139, which deed was dated Feb. 3rd, 1858. Greely and Gale held, without redemption, their certificate of purchase at said sheriff’s sale until the 3rd of April, 1859, which was more than twelve months after the date of the sheriff’s sale; and on that day, Jones, the holder of the trust…
1Opinion of the CourtCaton, C. J.
There is nothing in the record to sustain the 1 allegation in the bill, that Fishburn’s judgment against Thompson was fraudulent, and hence it must be treated as a valid judgment.
There was no redemption from the sale under the Greely and Gale judgment, either by Thompson, the judgment debtor, or by Jones, his grantee, prior to the expiration of twelve months. Those titles were then forever gone. The grantee in the trust deed had no more real interest in the premises than as if that deed had never existed. It was totally extinguished, except that the bare legal title may have remained in the…
2Cited by1 opinion
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