Anderson v. McCarty

Citations

• 61 Ill. 64

Syllabus

<p>1. Vendor and vendee—-forfeiture of contract—rights of purchaser after. Where a person purchases a lot of ground and receives a bond containing a clause authorizing a forfeiture on default in payment, and the purchaser sells, and receives the pay for a part of the lot, to another, and on default, the. contract is forfeited, and the widow of the second purchaser afterwards buys and pays for the whole lot and improves the same: Held, that she did not thereby become a trustee for the first purchaser.</p> <p>2. Title bond—forfeiture. Where a title bond contains a clause authorizing the vendor to declare the contract forfeited on non-payment of instalments of the purchase money, and notice is given that a forfeiture will be declared or payment enforced, and notice afterwards given that the vendor had elected to declare a forfeiture of the contract: Held,, that the contract was thereby forfeited and the vendor could again sell the property, and the first purchaser had lost all claim to the property.</p> <p>- 3. Same. Where a title bond contains such a clause and default is made in payment, a forfeiture may be declared by any act on the part of the vendor which evinces an intention to declare a forfeiture, and will prevent the vendor from enforcing the contract, such as giving notice that a forfeiture .has been declared, offering to sell the land to others, or even placing it on a sale list, etc.</p> <p>4. Purchaser—abandonment of contract. Where a person purchases land and is notified that it is forfeited, and offers to pay no more purchase money, and fails to pay taxes on the property or to do any other act to-, wards ’carrying out the purchase, for eight or ten years, it will be presumed that he had entirely abandoned the purchase, and it would be inequitable to permit him to come in after that time, when the property had risen in’value, and large and expensive improvements had been made on it, and hold the property.</p> <p>5. Purchaser—no right to question the manne