In force June 1, 1841.
(An ACT to amend) “An act concerning judgments and executions, approved, January 17th, 1825.”
1
Time 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,