JUDICIAL AND EXECUTION SALES, § 99 — jurisdiction of the parties by valid process must appear in order to protect innocent purchaser at judicial sale. Where property subject to a prior mortgage was sold on the foreclosure of a mechanic's lien and a decree of sale entered in the proceedings, and subsequently the mortgagors and holder of the mortgage notes filed petitions asking that the cause be opened for hearing and the decree against them be set aside for want of valid service of process, the motion to strike the petitions filed by an innocent purchaser of the premises admitted all allegations well pleaded, and the order striking the petitions was reversed and the cause remanded with directions to the court to find the ultimate facts whether the defendants were actually served, and if they were decree of sale was to stand, and if not, the decree was to be vacated.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE FRIEND.
"Not to be published in full." Opinion filed December 30, 1941; rehearing denied January 20, 1942.