Turney v. Young

CourtSupreme Court of Illinois
Citation1859 WL 6872,12 Peck 253,22 Ill. 253
PartiesNANCY J. TURNEY and WILLIAM A. TURNEY et al., children of John Turney, deceased, who sue by their next friend, Appellants,v.ALEXANDER YOUNG, Appellee.
Decision Date30 April 1859

22 Ill. 253
1859 WL 6872 (Ill.)
12 Peck (IL) 253

NANCY J. TURNEY and WILLIAM A. TURNEY et al., children of John Turney, deceased, who sue by their next friend, Appellants,
v.
ALEXANDER YOUNG, Appellee.

Supreme Court of Illinois.

April Term, 1859.


APPEAL FROM JO DAVIESS.

If land is sold on execution, in the lifetime of the defendant, but after his death it is redeemed by a judgment creditor, it becomes the estate of the decedent, and the title is vested in his heirs at law. The proceeds of redemption from sale, are received by the officer as a first bid, to be advanced upon by others, the land remaining, as the property of the judgment debtor.

To divest the heirs, they must have notice of some proceeding against them, for such purpose.

The revival of a judgment against the administrator, does not create such a lien against the real estate of the deceased, as that a fi. fa. can issue for its sale.

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 being his co-tenant.

2. The plaintiffs are the only heirs of the said John Turney.

3. That the defendant, Young, was at the time of the commencement of the suit, and for six years prior thereto, in possession of the east or upper half of said lot.

4. The said Young has paid the taxes thereon.

5. November 19th, 1842, Stewart & Brown recovered a judgment against the said John Turney, for the sum of $128.47, in the Circuit Court of Jo Daviess county, which said judgment was in all respects regular.

6. On December 23rd, 1842, a regular execution was issued upon said judgment, and returned by order of plaintiffs unsatisfied, March 23, 1843. The said defendant being then sheriff of said county of Jo Daviess.

7. March 9th, 1844, the said John Turney died intestate, and on March 18th, 1844, administration was granted upon his estate to his widow, Nancy J. Turney, which administration remains unrevoked.

8. On March 29th, 1845, the following notice was served upon the said Nancy J. Turney:

To Mrs...

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4 cases
  • Clark v. Rossier
    • United States
    • Idaho Supreme Court
    • October 3, 1904
    ... ... (Freeman on Void Judicial Sales, sec. 11, citing Morris ... v. Hogle, 37 Ill. 150, 87 Am. Dec. 243; Hoard v ... Hoard, 41 Ala. 590; Turney v. Young, 22 Ill ... 253; Guy v. Pierson, 21 Ind. 18.) To acquire ... jurisdiction to act, to order, decree or pass judgment, a ... court must ... ...
  • Littler v. People Ex Rel. William Hargadine.
    • United States
    • Illinois Supreme Court
    • January 31, 1867
  • Lander v. Abrahamson
    • United States
    • Nebraska Supreme Court
    • May 18, 1892
    ... ... AFFIRMED ...          Marston & Nevius, and Reese & Gilkeson, for plaintiffs in error, ... cited: Pope v. Hooper, 6 Neb. 185; Turney v ... Young, 22 Ill. 253; Rorer, Void Jud. Sales, sec. 10; ... Morris v. Hogle, 37 Ill. 155; Huntington v ... Finch, 3 Ohio St. 448; Hoard v ... ...
  • Senior v. Brebnor
    • United States
    • Illinois Supreme Court
    • April 30, 1859
    ...1854, to furnish materials and erect a building in the town of Peoria. There was a trial by jury, and a verdict found for the defendants, [22 Ill. 253]in the court below. The petitioner in the court below sued out this writ of error. C. C. BONNEY, for Plaintiff in Error. MANNING & MERRIMAN,......

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