17 N.E.2d 958 | Ill. | 1938
The question at issue is whether a judgment creditor of the husbands of the owners of the equity of redemption in real estate, (the husbands having joined with their wives in the execution of the mortgage foreclosed,) may redeem from a sale under foreclosure within the statutory period allowed judgment creditors.
Harriet Brody and Minnie Brody were seized of the fee simple title to certain lots in Cook county. These owners, on February 2, 1931, executed their note for $6000 in which their respective husbands, Samuel Brody and Louis L. Brody, joined, and to secure the note they all executed a trust deed conveying the property to a trustee. Default having been made, the trust deed was foreclosed, the premises were sold by the master to the plaintiff (appellant) and a certificate of sale issued to him and recorded, which he still owns. A deficiency judgment was entered against all four of the note makers, and the receiver continued in possession. No one sought to redeem within the initial statutory period of twelve months. On the last day of the succeeding three-months' period within which judgment creditors might redeem, the appellee Joseph Mangan obtained a judgment by confession in the superior court of Cook county against the above named Samuel Brody and Louis L. Brody. An execution was issued thereon, which appellee Mangan placed in the hands of the sheriff together with the sum of $6557.50, being the amount of sale, interest, costs and charges accrued, for the purpose of making redemption of the property from the master's sale under the provisions of section 20 of the Judgment act. (Ill. Rev. *647 Stat. 1937, chap. 77, par. 20, p. 1900.) The sheriff accepted the money, issued a certificate of redemption which was recorded, and the sheriff then advertised a sale of the premises.
Appellant filed his complaint against Mangan and the sheriff of Cook county for an injunction restraining the sheriff's sale and praying that the purported redemption be declared void; that the injunction be made permanent; that appellee Mangan be restrained from asserting any right, title, interest or estate in the premises; that the master be directed to issue a master's deed to appellant and that his title to the property be established and quieted from the claims of Mangan or anyone claiming under him, and for general relief. A temporary injunction was granted. After a hearing on the complaint and answer, the trial court decreed that the redemption was valid, dissolved the injunction and dismissed the complaint for want of equity. Appellant has appealed directly to this court.
The facts considered, we first find it necessary to determine whether we have jurisdiction of this appeal.
The interests of Samuel Brody and Louis L. Brody in the premises are those merely of inchoate dower rights. Such a right, prior to becoming consummated by the death of the respective wives, is "a mere intangible, contingent expectancy, and not only is not an estate in land but does not even rise to the dignity of a vested right." (Bennett v. Bennett,
The interest of the appellant, Klein, as holder of the certificate of purchase from the master, is not a vested one but is merely a right to receive a deed if the premises are not redeemed. In making his bid, the law charges him with notice that the property is subject to redemption by one of the two classes of persons mentioned in the statute *648
as having that right. (Fitch v. Wetherbee,
Appellant was not yet entitled to a deed under his certificate of purchase on the day Mangan redeemed from the foreclosure sale. As the holder of the master's certificate of sale, appellant acquired no title to the land either legal or equitable. (Hack v.Snow,
No grounds appearing to give this court jurisdiction on a direct appeal, the cause will be transferred to the Appellate Court for the First District. Cause transferred.
Cause transferred.
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