UNITED STATES SUPREME COURT DECISIONS - ON-LINE

PRATT V. PRATT, 96 U. S. 704 (1877)

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U.S. Supreme Court

Pratt v. Pratt, 96 U.S. 704 (1877)

Pratt v. Pratt

96 U.S. 704

Syllabus

1. The statute of limitations applicable to the action of ejectment has no relation to the lien of a judgment creditor on the lands, though the judgment debtor may sell and convey them with possession to the party setting up the statute.

2. That statute does not begin to run in such case until the lands have been sold under an execution sued out on the judgment, and the purchaser of them becomes entitled to a deed, because, until then, there is no right of entry or of action against the party so in possession.

3. That statute begins to run against the judgment creditor only when he is such purchaser, and can bring ejectment. These propositions are applicable to the statute of Illinois of 1835 limiting actions for the recovery of lands to seven years.

The facts are stated in the opinion of the Court.


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