Chadwick v. Clapp

Citations

• 69 Ill. 119

Syllabus

<p>1. Mortgage—equitable lien. Where the equitable owner of land assents, in writing, that the holder of the legal title to the same may hold the title as security for the payment of money borrowed by such owner, of a third person, this will be sufficient to create an equitable lien on the land for the benefit, of his creditor.</p> <p>2. Notice—rebutting presumption of, from circumstances. Where circumstances are brought directly home to the knowledge of a purchaser, sufficient to put him upon inquiry, and thus amount to notice, he will be entitled to rebut the presumption of notice which would otherwise arise, by showing the existence of other and attendant circumstances of a nature to allay his suspicions, and lead him to suppose the inquiry was not necessary.</p> <p>3. Where the circumstances relied on as sufficient to charge a party with notice, by requiring him to make inquiry, may be equally as well referred to a different matter or claim, as to the one he is sought to be chargeable with notice of, they will not be sufficient.</p>