Bogue v. Williams

Citations

• 48 Ill. 371

Syllabus

<p>1. Equity—notice to affect creditors. Where a person was in possession of land belonging to government, and conveys it, while a judgment is in full force against him, and reserves the right by the deed to hold the possession for seven months afterwards, and the deed is accepted and the grantor retains possession, and the grantee advanced the money to another person who was a defendant to the same judgment, who entered the land before the time for the grantee to take possession had elapsed, with the agreement that he would convey to the grantee: Held, That the judgment became a lien upon the land as soon as it was entered, and that a conveyance of the land according to the agreement would not cut off the lien, as there was no record, possession or other notice of the agreement to the creditors before or at the time the lien of the judgment attached.</p> <p>2. Same. To protect a party holding an equitable title, there must be something of record, or such a possession as will put purchasers or creditors upon inquiry which would lead to notice, or they must have actual notice of the equitable title or right.</p> <p>3. Same. Even a possession of a part of the premises by a growing crop of wheat, by arrangement with the occupant, entered into before the deed is made by him, or the land is entered, is not such notice, as the possession is under the occupant and not the trustee who enters the land, and it is not connected with the trust thus created, and such possession cannot affect the rights of the purchaser under the judgment, and his deed will not be canceled or his title conveyed to the grantee of the person who entered the land.</p>