Davis v. Moore
Illinois Supreme Court
Appeal from the Circuit Court of Marion county; the Hon. George W. Wall, Judge, presiding. This was an action of ejectment, brought by the appellee against the appellant, in the circuit court of Marion county.
Read the full summary
Appeal from the Circuit Court of Marion county; the Hon. George W. Wall, Judge, presiding. This was an action of ejectment, brought by the appellee against the appellant, in the circuit court of Marion county. The record showed that William Aird was the. common source of title under whom both parties claimed title, the defendant claiming under a sale made on a deed of trust given by Aird, and the plaintiff under a sale of the same land on execution against Aird, issued upon a decree of the Marion circuit court.
1Opinion of the CourtJustice Scholfield
Execution was issued upon a judgment of a circuit court, and levied upon real estate, in the lifetime of the defendant in execution. This real estate was .sold, by virtue of that levy, within less than two months after the death of the defendant in execution, and without giving his executor, administrator or heirs any notice in writing of the existence of the judgment on which the execution was issued. The question is, was such sale void, or did it confer upon the purchaser a legal title, subject, of course, to the right of redemption ?
Appellant claims that the sale was absolutely void, by…
2Cases cited2 opinions
- Phillips v. CoffeeIllinois Supreme Court · 1855
- Brown v. ParkerIllinois Supreme Court · 1853
3Cited by2 opinions
- Frankel v. J. W. Butler Paper Co.Court of Appeals for the Seventh Circuit · 1932
- McQuown v. LawAppellate Court of Illinois · 1885