Coari v. Olsen

Citations

• 91 Ill. 273

Syllabus

<p>1. Error—reversal of decree on finding of fads. Where the witnesses in a chancery suit are all examined orally on the hearing, so that the chancellor has the same facilities for judging of their credibility as a jury in a trial at law, the error in the finding as to fact must be clear and palpable to authorize a reversal.</p> <p>2. Estoppel—by declarations obtained by cunning and falsehood. It seems doubtful whether a party shall be estopped from asserting his title to real estate on account of declarations in regard to the title obtained from him by cunning and falsehood.</p> <p>3. Notice—how far possession is, of title. The actual occupancy of premises is notice equal to the record of the deed or other instrument under which the occupant claims, and a subsequent purchaser takes subject to whatever right, title or interest such occupant may have. And, so far at least as the facts of this case are concerned, the rule of the common law is adhered to, that when • a tenant changes his character by agreeing to purchase, his possession amounts to notice of his equitable title as purchaser.</p> <p>4. Fraudulent deed—decree on setting aside. Wher'e a bill is filed bjr a prior purchaser of real estate to avoid a subsequent conveyance of his vendor made in fraud of his rights, the proper decree is to declare the title of the subsequent purchaser void. It is not proper in such case to require him to convey his title to the complainant, who must look to his vendor alone for a conveyance.</p>