Chicago, Rock Island & Pacific R. R. v. Kennedy

Citations

• 70 Ill. 350

Syllabus

<p>' 1. Notice. Whatever is sufficient to put a party upon inquiry which would lead to the truth, is, in all respects, equal to, and must be regarded as, notice.</p> <p>2. Same—who we chargeable with. If a subsequent purchaser acts in bad faith, and wilfully or negligently shuts his eyes against those lights which, with proper observation, would lead him to a knowledge of facts affecting the subject of his purchase, he will be held to have notice of such facts.</p> <p>8. Same—recitals in a deed. The recitals in a deed in the chain of title, are such notice to a purchaser as would put him on inquiry as to the nature and extent of the matters referred to in the recitals.</p> <p>4. Same—to what extent recitals in a deed put a party on inquiry. In this case, the owner of a tract of land had, in his lifetime, executed a trust deed to secure the payment of an indebtedness, with a power of sale upon default in payment. The indebtedness was paid after the death of such owner, but the trustee afterwards sold under the deed, to parties who had notice of such payment. Before any sale was made by the purchaser, there were put upon record, in the office of the recorder of deeds of the county where the land was situated, a power of attorney from one to another of the heirs, in which was a recital that by the act of one of the purchasers at the trustee’s sale, naming him, and others, the rights of some of the heirs had become involved; also, two mortgages on said premises, executed by a part of the heirs, in both of which it was recited that a suit had been commenced by such heirs to recover their interest in the land, giving the title and purpose of such suit, and that such suit had been dismissed by agreement of counsel, without adjudication: Held, that the recitals in the power of attorney and mortgages were sufficient to put subsequent purchasers upon inquiry as to the truth of the recitals, and to charge them with notice of everything disclosed by the records, in the proceedi