Reichert v. McClure
Illinois Supreme Court
This was an action of ejectment originally commenced by Henry McClure against Jacob Engelhard. The present plaintiffs in error are the heirs-at-law and widow of Jacob Engelhard, who were substituted in' the Supreme Court when this case was pending there at the November term, 1855, and the present defendants are the heirs-at-law of Ed. McClure, substituted in the St. Clair Circuit Court, after the cause was remanded there.
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This was an action of ejectment originally commenced by Henry McClure against Jacob Engelhard. The present plaintiffs in error are the heirs-at-law and widow of Jacob Engelhard, who were substituted in' the Supreme Court when this case was pending there at the November term, 1855, and the present defendants are the heirs-at-law of Ed. McClure, substituted in the St. Clair Circuit Court, after the cause was remanded there. A statement of the record and the facts of the case is found in 17 Ill., pages 47 and 48, with the exception that it is not there stated that Wolf and Chickering had a deed…
1Opinion of the CourtWalker, J.
We are now asked to review the former decision of this court, rendered in this case when it was before the court under the title of McClure v. Engelhard, and reported in the 17th volume of Illinois Reports, at page 47. The court then held, that the levy of an execution upon land in a different county from that in which the judgment was rendered creates a' lien, and, when followed by a sale, it will take effect by relation back to the levy. And this, notwithstanding a certificate of the levy is not filed in the recorder’s office, unless the rights of creditors and subsequent purchasers,…
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