Burr v. Mueller

Citations

• 65 Ill. 258

Syllabus

<p>1. Purchaser—whether pw'chaser of an undivided interest in land may purchase under incumbrance given by his grantor. Where A purchased a tract of land, giving a deed of trust to secure the deferred payments, and tiren conveyed the undivided half of the land to B, and afterwards gave a mortgage on his undivided half to the infant heirs of C, and B, after this, purchased the entire premises at the trustee’s sale under the deed of trust, when the heirs of C filed their hill to foreclose their mortgage, alleging ’’that the purchase hy A in the first instance was for the joint benefit of himself and B, and therefore B was bound to pay one-half of the incumbrance under which he acquired the whole title: Held, that the conveyance hy A to B, in the absence of proof that it was made in pursuance of some original agreement, or under the relation of partners or principal and agent, would be presumed to have been a sale or a gift, and that it would be presumed to have been a sale rather than a gift; and that the fact of such conveyance, standing alone, could not be made the basis of a liability on the part of B to pay A’s individual notes for the purchase money.</p> <p>4. Tenants in common—right of one tenant in common to purchase Ms co-tenant's estate under a prior incumbrance given by the latter. Where A, the owner of land, after giving a deed of trust thereon, conveyed the undivided half thereof to B: Reid, that, as the interests of A and B, as tenants in common, did not accrue under the same instrument, act of the parties or by operation of law, in the absence of any engagement or understanding with one another, they did not stand in such confidential relations in re. gard to each other’s interests that B would not be permitted in equity to purchase the estate of A at a sale under a power in A’s trust deed.</p> <p>3. Same-—may deal with each other. It is the general doctrine that tenants in common are separately seized, and there is no privity of estate between them.. Th