Emmons v. Moore

Citations

• 85 Ill. 304

Syllabus

<p>1. Thus’s—fwhen grantee of land holds in trust. Where one buys land in the name of another, and pays the consideration money for it, the land will generally be held by the grantee in trust for the person who pays the consideration.</p> <p>2. Where a father purchased and paid for a tract of land for a crippled son, but had a conveyance made to another son, who knew nothing of the transaction at the time, the reason for so taking the deed being, that the crippled son, at the time, was involved in debt, and the father was living with a second wife, who would not join with him in making a conveyance if he should take the deed to himself, it was held, that the grantee held simply the legal title in trust for the other son.</p> <p>3. Same—purchaser without notice. Although a grantee in a deed may hold the legal title in trust for another, this will not preclude a third person from acquiring the title free from the trust by sale on execution against such grantee, if he has no notice of the manner in which the title is held, and acts in good faith.</p> <p>4. Judicial sale — when set aside as a cloud. Where an attorney brought suit by attachment against his client for the collection of a fee of $100, the client being amply responsible, and residing only about sixty miles distant, where he could have been sued before a justice of the peace, and the debt made, if a meritorious one, and, under the proceedings, land worth over $5000 was sold for only $128, and no notice of the sale and purchase was ever given to the client, it was held, under the peculiar circumstances, that, as against the attorney, the sale could not be sanctioned, on bill to set aside the same as a cloud upon the title.</p> <p>5. Fraud—title acquired held fraudulent. Where a party, being a relative, and on the most intimate business relations with others whose land had been sold at a grossly inadequate price, on a judgment in attachment, without the knowledge of the owners, acquired the certificate of purc