Cabeen v. Breckenridge

Citations

• 48 Ill. 91

Syllabus

<p>1. Deed—not recorded—possession, notice. Where a patentee of land conveys the same by deed, which was not recorded, and subsequently again conveys the same to another person, but the first grantee had taken open and visible possession before the junior deed was recorded: .Held, that a grantee, deriving his title from the junior deed, and while the grantee of the elder deed was in possession, could not recover in an action of ejectment against the tenant of the elder grantee, as his possession was notice, and equal to recording the elder deed.</p> <p>2. Former decision. The case of Warden v. Williams, 24 Ill. 6Y, held, not ’ to control this case.</p>