Yoakum v. Harrison
| Decision Date | 31 January 1877 |
| Citation | 85 Ill. 202,1877 WL 9524 |
| Parties | WILLIAM YOAKUMv.MILTON B. HARRISON et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Menard county; the Hon. LYMAN LACEY, Judge, presiding.
On the 5th day of September, 1856, John Harrison, who was then the owner in fee simple, conveyed the lands in controversy to David Miller, and on the same day took from Miller to himself a mortgage on the same lands to secure $1200 of the purchase money. Afterwards, on the 10th day of October, 1859, plaintiff in this suit recovered a judgment in the circuit court of Menard county, where the lands are situated, against David Miller and others, for $165.90. Subsequently plaintiff caused a third execution, issued on this judgment, to be levied upon these lands as the property of David Miller, and on the 8th day of December, 1860, the lands were sold under the execution to plaintiff. It appears, these lands were never redeemed from that sale. Because of some difficulty or irregularity in the papers, no deed from the sheriff was made to plaintiff for the lands, in pursuance of his certificate of purchase, until the 5th day of October, 1865.
On the 14th day of August, 1860, David Miller conveyed the lands by warranty deed to defendant Harrison, in consideration he would and did pay to John Harrison the balance due him on the mortgage; and on the same day John Harrison entered on the margin of the record of the mortgage, “Satisfied in full this 14th day of August, 1860.” It is proven defendant obtained possession of these lands under the deed from Miller, has held possession ever since by his tenants, and has since paid all taxes assessed thereon.
Although defendant had constructive notice of the judgment against Miller in favor of plaintiff, and that it was a lien upon this property as well as other property of the execution debtor, he states, in his testimony, he had no actual notice, and there is nothing in the record that contradicts his testimony in that particular. Plaintiff never obtained possession of the lands, nor did he ever pay taxes on the same, but for one year, perhaps the year 1861. It was not until the 16th day of February, 1874, that plaintiff brought this suit in ejectment against Harrison and his tenant to recover possession of the lands. The court to whom the cause was submitted for trial, without the intervention of a jury, found defendant not guilty, and rendered judgment against plaintiff for costs. The...
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Asher v. Mitchell
... ... of a prior judgment upon it, who holds possession with payment of taxes for seven years, holds it discharged of the judgment sale, cited Yoakum v. Harrison, 85 Ill. 202.The doctrine of lis pendens loses its force where successive continuances occur and the rights of third parties intervene: ... ...
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Lewis v. Pleasants
... ... 187;Bride v. Watt, 23 Ill. 507;Holloway v. Clark, 27 Ill. 483;Morrison v. Norman, 47 Ill. 477;Hinkley v. Greene, 52 Ill. 223;Yoakum v. Harrison, 85 Ill. 202. If the only title or apparent title of Mrs. Lewis to the lands in question at the time of the execution by her of said ... ...
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