In force June 1, 1841.
(An ACT to amend) “An act concerning judgments and executions, approved, January 17th,
1825.”
1Time in which lands may be redeemed.
Manner of redemption.
Endorsement.
Certificate to be filed.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That after the expiration of twelve months, and at any time before the expiration
of fifteen months, from the sale of any lands or tenements under the provisions of the act to which
this is an amendment, it shall be lawful for any judgment creditor to redeem the same
in the manner following: Such judgment creditor shall sue out an execution upon his judgment, and place the
same in the hands of the proper officer to execute the same, and thereupon said officer shall endorse upon the back of said
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execution a levy upon the land or tenements which said judgment creditor may wish
to redeem, and said judgment creditor shall pay to said officer into whose hands he
shall have placed his execution as aforeforesaid, the amount of money for which said
premises may have been sold with ten per centum per annum interest thereon from the
date of such sale for the use of the purchaser thereof, his executors, administrators,
or assigns, upon payment of which, said officer shall file in the recorder’s office
of the county in which said lands are situated, a certificate of the redemption thereof by said judgment creditor under said execution,
and shall advertise and offer the same for sale under and by virtue of said execution,
in the same manner that other lands are required to be advertised and exposed to sale
on execution in other cases.
Creditors redeeming land considered bidder at sale.
When land sells for more than redemption.
Lands redeemed.
May continue to redeem.
Sec. 2. Any judgment creditor having so redeemed such lands, shall be considered as having bid at such sale the amount of said redemption money
so paid by him, and interest thereon from the date of such redemption to the day of
sale; and if no bid greater than said amount shall be offered, the lands shall be
struck off and sold to such judgment creditor or creditors, and a deed thereof shall
forthwith be executed by such officer to such creditor or creditors, and no other
redemption shall be allowed; but if another and higher bid shall be made therefor, and the said lands sold for
more than the amount of said redemption money and interest as last aforesaid, the
excess over and above the amount of the same shall be applied as a credit on the execution
under which the redemption shall have been made, and a certificate of purchase shall
be executed to the new purchaser in the manner prescribed in the act to which this
is an amendment, for a deed of said land so sold within sixty days from the date of
such sale, unless the same shall be redeemed in the meantime in the manner prescribed
in this act by some other judgment creditor; and if said lands shall be redeemed from said second purchaser, the same shall be
done in the same manner and upon the same terms, and the officer shall proceed in
the same mode to offer the said lands for sale as is hereinbefore required in case
of the first redemption; and such lands may be successively redeemed within every period of sixty days so
long as there shall be a judgment creditor disposed to redeem the same, on the terms
and in the manner aforesaid; and after the lapse of any period of sixty days without
redemption, it shall be the duty of the officer who last sold such lands on the execution
under which the same shall have been last redeemed, or his successor in office, to
execute a deed for the lands so sold to the last purchaser, in like manner as other
deeds for lands sold on execution are made.
Proviso
Sec. 3. Any judgment creditor or creditors may redeem the whole or any part or portion
of the lands or tenements previously sold upon execution: Provided, That such re-
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demption shall be made in the like distinct quantities or parcels in which the same
were sold.
Certificate to be filed.
Sec. 4. No commission upon the amount of the redemption money paid in any case shall be
allowed to the officer receiving the same, but the usual commission shall be allowed
the officer selling said premises on the excess made over and above the amount of
said redemption money and interest; the duplicate copy of the certificate of purchase
required by the act to which this is an amendment, to be filed in the office of the clerk of the county, shall in all cases hereafter
be filed in the office of the recorder of the county in which the lands so sold under
execution shall be situated.
Certificate assignable.
Sec. 5. Every certificate which shall be given by any officer to any purchaser under the
provisions of this act, or the act to which this is an amendment, shall be assignable by endorsement thereon, under the hand of such purchaser or purchasers,
his, her, or their heirs, executors, administrators or assigns, and every person to
whom the same shall be so assigned shall be entitled to the same benefits therefrom
in every respect that the person therein named would have been if the same had not
been assigned; and in case the lands mentioned in such certificate shall not be redeemed
in pursuance of law, shall be entitled to a deed therefor.
Sec. 6. The deed to be executed by the officer to the purchaser under the provisions of
this act, or the one to which this is an amendment, shall contain a statement of the
judgment upon which the lands therein described were sold, and of the date of the
execution, and may be in the following form:
Form of deed.
Whereas, A. B. did at the term of the circuit court for the county of (as the case may be) recover a judgment
against C. D. for the sum of and costs of suit,
upon which judgment an execution was issued, dated on the
day of A.D., 18 , directed to
to execute, and by virtue of said execution the said levied upon the lands hereinafter described, and the same was struck off and sold
to he being the highest and
best bidder therefor, and the time and place of the sale thereof having been duly
advertised according to law. Now, therefore, know all by this deed, that I of said county of in consideration of the premises, have granted,
bargained and sold, and do hereby convey to the said his (her or their) heirs and assigns, the following described tract or tracts of
land, (here describe the lands,) to have and to hold the said described premises with
all the appurtenances thereto belonging, to the said his heirs and assigns forever. Witness my hand and seal this day of in the year of our Lord one thousand eight hundred and . (l. s.)
Where certificate has been assigned.
If the purchaser shall have assigned his certificate of purchase, then there may be inserted after the word "law" in
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the foregoing form in substance as follows: And the said
having duly assigned his certificate of purchase to (as the case may be.)
Deed shall be evidence.
Sec. 7. Any deed so executed shall be evidence that the provisions of the law in relation
to sales of lands upon execution were complied with until the contrary shall be shown,
and such deed shall be considered as conveying to the grantee therein named, all the
title, estate and interest of the defendant or defendants in the execution therein
named, in and to the lands thereby conveyed, of whatsoever nature the same may be;
but such deed shall not be construed to contain any covenant upon the part of the
officer executing the same.
When lands are sold.
Person holding lien not deprived of right.
Sec. 8. In all cases hereafter where lands shall be sold under and by virtue of any decree
of a court of equity, for the sale of mortgaged lands, it shall be lawful for the mortgager of such lands, his heirs, executors, administrators,
or grantors to redeem the same in the manner now allowed by law for the redemption
of lands sold by virtue of executions issued upon judgments at common law, and judgment
creditors may redeem lands sold under any such decree in the same manner as is prescribed
for the redemption of lands, in like manner sold upon executions issued upon judgments
at common law. Nothing in this act contained shall be so construed as to deprive any person of the
lien upon any land which he may have acquired, or may hereafter acquire, by virtue
of the provisions of the act to which this is an amendment, and so much of the provisions
of said act as are repugnant to the provisions of this act are hereby repealed. This
act is to take effect from and after the first day of June next.
Approved, February 19, 1841.
1James H. Ralston introduced SB 66 as “An act in relation to practice in courts of law and equity” to the Senate on December 23, 1840. The Senate referred it to the Committee on the Judiciary the
next day. The committee reported back on January 25, 1841, and recommended an amendment,
to which the Senate concurred. The Senate passed the bill on February 1. The next
day the Senate reconsidered the vote and passed an amendment giving it its current
title and passing it again. The House of Representatives passed the bill on February 16. The Council of Revision approved the bill on February 19 and the act became law.
Journal of the House of Representatives of the Twelfth General Assemble (Springfield, IL: William Walters, 1840), 320, 385, 386, 387, 412; Journal of the Senate of the Twelfth General Assembly (Springfield, IL: William Walters, 1840), 109, 117, 204, 226, 231, 329-330, 350,
355-356.
Printed Document, 4 page(s), Laws of the State of Illinois, Passed by the Twelfth General Assembly (Springfield, IL: William Walters, 1841), 168-71, GA Session 12-2,