Turney v. Young
Illinois Supreme Court
This is an action of ejectment by the appellants- against the appellee, for the east or upper half of lot No. 5, between Main and Diagonal streets, commenced in the Jo Daviess Circuit Court, on March 9th, 1854. The second trial resulted in a judgment for the defendant. From this judgment the plaintiffs below appeal to this court.
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This is an action of ejectment by the appellants- against the appellee, for the east or upper half of lot No. 5, between Main and Diagonal streets, commenced in the Jo Daviess Circuit Court, on March 9th, 1854. The second trial resulted in a judgment for the defendant. From this judgment the plaintiffs below appeal to this court. The bill of exceptions contains an agreed statement of facts, as follows: 1. That John Turney, the ancestor of the plaintiffs, was, on March 29th, 1842, and for several years prior thereto, the owner in fee of an undivided half of the lot aforesaid. Andrew Maurer…
1Opinion of the CourtBreese, J.
This seems to be a plain case. The sale under the Stewart and Brown judgment, was a valid sale, because execution had issued on the judgment in the lifetime of the defendant, and was a lien on the estate of decedent.
The notice to the administratrix was properly given, under the statute, and the sale under this execution was valid.
But from this sale, the property was redeemed, and it became, by that operation, the estate of the decedent, with the title vested in his heirs at law. It was then as if a sale of it had never been had. The party redeeming, obtained no right to the land, nor does he…
2Cited by2 opinions
- Littler v. People ex rel. HargadineIllinois Supreme Court · 1867
- Scammon v. SwartwoutIllinois Supreme Court · 1864