Anthony v. Wheeler

Citations

• 130 Ill. 128
• 22 N.E. 494

Syllabus

<p>1. Beoobding- law—/rom what time a deed takes effect—as to subsequent purchaser. Under the statute, all deeds and other instruments affecting the title to land are made valid and operative only from and after the time they are recorded in the proper office, and they will take effect only from such recording, as to subsequent purchasers without notice.</p> <p>2. Same-—prior unrecorded deed—notice to subsequent purchasers. Actual notice is not essential to give effect to a prior unrecorded conveyance. Any fact or circumstance coming to the knowledge of the subsequent purchaser which would put a prudent man on inquiry, and which, if pursued, would lead to actual notice of an unrecorded deed lying in the apparent chain of his title, is sufficient to invalidate the subsequent purchase.</p> <p>3. In such case, notice is imputed to the subsequent purchaser, on account of his negligence in failing to prosecute his inquiries in the direction indicated. Enough must be shown to impute to him bad faith, so as to taint his purchase with fraud. Mere want of caution, as distinguished from fraudulent and willful blindness, is not sufficient to charge a subsequent purchaser with constructive notice of an unrecorded deed.</p> <p>4. Same—as to unrecorded administrator’s deed—notice. Administrators’ deeds are within the statute for the recording of deeds, etc. But the record of a decree of the county court authorizing a sale of lands to pay debts is not constructive notice of the making of an administrator’s deed, even though such decree may be in the court of the same county in which the land lies.</p> <p>5. An unrecorded administrator’s deed, in the absence of actual notice of it, or the proceeding under which it was obtained, is not such constructive notice as will invalidate the title of a subsequent bona fide purchaser.</p> <p>6. Same—subsequent purchaser-—bona fides—presumption. Where a party takes a conveyance for land, it will be presumed that he is a bona fide purchaser, an