Dart v. Hercules

Citations

• 57 Ill. 446

Syllabus

<p>1. Purchaser/raro stoamp land commissioner—must know Ms authority. The authority of a swampland commissioner, as agent of a county holding such lands, being a matter of law and public record, a purchaser from such commissioner ■will be presumed to know the extent of the agent’s authority-in the premises.</p> <p>2. Swamp land commissioner—of Ms powers. A swamp land commissioner has no authority to declare a forfeiture of a contract respecting a sale of swamp lands belonging to a county,—that power rests alone, in counties under township organization, in the board of supervisors.</p> <p>3. Agent—exceeding his authority—whether principal hound. It is a general rule, that if a special agent, whose authority is conferred by statute or orders of court, acting in the capacity of a public officer, -with limited and well defined powers, acts outside of the authority conferred, the principal will not be bound by his acts.</p> <p>4. Subsequent purchaser, with notice of the prior sale—-who may declare a forfeiture. A subsequent purchaser of land, with notice of the prior sale, will hold subject to all the rights of the first purchaser; and though the prior purchaser may be in default so that his vendor would be entitled .to declare a forfeiture of his contract, at his option, yet that would not avail the subsequent purchaser, the vendor having the sole riglft to exercise such option.</p> <p>5. Same—of improvements made by subsequent purchaser with notice, If a subsequent purchaser, with knowledge of the prior equities of the first purchaser, make improvements on the premises, he will be regarded as having done so in his own wrong, and it will not avail him as against the prior purchaser, or those claiming under him.</p>