Dixon v. City National Bank of Metropolis

The purchasers of real property at an execution sale, later held void, brought this action to recover the amount of the purchase price from the judgment creditor. The circuit court of Massac County dismissed the complaint for failure to state a cause of action. The appellate court affirmed (76 Ill. App. 3d 822), and we granted plaintiffs leave to appeal.

The defendant bank obtained a judgment against Roy Moller, who was indebted to defendant. Defendant had the sheriff levy on the judgment debtor’s undivided one-half interest in certain real property. Plaintiffs, Milledge and Irene Dixon,…