Johnson v. Bantock
Illinois Supreme Court
Writ of Error to the Circuit Court of Henry County; the Hon. Charles B. Lawrence, Judge, presiding. This was an action of forcible detainer instituted by Olof Johnson against Thomas H. Bantock, to recover the possession of certain premises which the plaintiff claimed as purchaser under an execution sale thereof. The only question presented is, whether the instrument executed by the sheriff to the plaintiff was sufficient, as a deed, to pass the title.
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Writ of Error to the Circuit Court of Henry County; the Hon. Charles B. Lawrence, Judge, presiding. This was an action of forcible detainer instituted by Olof Johnson against Thomas H. Bantock, to recover the possession of certain premises which the plaintiff claimed as purchaser under an execution sale thereof. The only question presented is, whether the instrument executed by the sheriff to the plaintiff was sufficient, as a deed, to pass the title. That instrument was as follows: “ Know all men by these presents, that I have this day sold to Olof Johnson and Samuel Remington the following…
1Opinion of the CourtChief Justice Walker
The only question which we propose to consider in this case is whether the sheriff’s deed is sufficient to authorize a recovery. The action was bronght under the act of 1861 (Sess. Law 176) amendatory of the law regulating the action of forcible entry and detainer. We, at the present term, held, in the case of Johnson et al. v. Baker, ante. p. 98, that to recover as a purchaser at sheriff’s sale, the purchaser must show a valid judgment, execution and sheriff’s deed, and failing in either he must be defeated in the action. Was the sheriff’s deed, offered in evidence, valid and binding? It…
2Cited by17 opinions
- Sanford v. Alabama Power Co.Supreme Court of Alabama · 1951
- Webb v. MullinsSupreme Court of Alabama · 1884
- Ogle v. BarkerIndiana Supreme Court · 1946
- Shadden v. ZimmerleeIllinois Supreme Court · 1948
- Leidig v. HoopesSupreme Court of Oklahoma · 1955
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