Linn v. Moore, 208 Ill. App. 524 (1917)

Oct. 16, 1917 · Illinois Appellate Court · Gen. No. 6,456

208 Ill. App. 524

John Linn, Appellee, v. Lucy Moore, Appellant.

Gen. No. 6,456.

(Not to be reported in full.)

Abstract of the Decision.

1. Appeal and error, § 1040 ^* —when duty of appellant to point out error. Where error was assigned in the admission of testimony without pointing out same and there was a statement in the brief that sufficient grounds were not laid for introduction of a certain judgment and that it was not valid, it was appellant’s duty to point out the error, the record of the judgment being without defect on its face.

Appeal from the County Court of Peoria county; the Hon. Chester F. Barnett, Judge, presiding. Heard in this court at the April term, 1917.

Affirmed.

Opinion filed October 16, 1917. .

Statement of the Case.

Action in forcible entry and detainer by John Linn, plaintiff, against Lucy Moore, defendant. From a judgment for plaintiff, defendant appeals.

The premises were sold under foreclosure against the owner and mortgagor, Eobert Krieger, others including this defendant being made parties, and were purchased by the complainant in foreclosure. On the last day of the 15 months following the sale this plaintiff obtained judgment against Krieger, sued out execution, paid redemption money to the sheriff, who levied on the premises and sold and conveyed same to plaintiff, who later made demand upon defendant for possession, and upon her refusal brought this action.

John B. King and Leo G. Hana, for appellant.

Dailey & Miller and McRoberts, Morgan & Zimmerman, for appellee.

* See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

* See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice Carnes

delivered the opinion of the court.

2. Forcible entry and detainer, § 46 ^* —what is effect of deed to redeeming creditor on right to bring. Where plaintiff in an action of forcible entry and detainer became owner of the premises by purchase and deed from a sheriff as a redemption creditor under his judgment obtained on the last day of the 15 months from the foreclosure sale from which he redeemed, a conveyance by the debtor on the same day to plaintiff did not prejudice plaintiff’s rights in such action under his deed from the sheriff.

3. Appeal and error, § 1488*—when admission of incompetent evidence in trial by court is harmless error. Where trial was before the court without a jury, and competent and uncontradicted evidence supported the finding and judgment, it was not material error if other evidence not technically competent was heard.