Flint v. Lewis

Citations

• 61 Ill. 299

Syllabus

<p>1. Trust abused—;jurisdiction in equity. Where there is a conspiracy by l lie holder of a note secured by trust deed, to take advantage of the maker of the deed, and, by an abuse of the trust, wrongful!)' to deprive him of his equity of redemption, the right of the latter to relief rests upon the clear and solid ground of equitable jurisdiction over trusts, for the control of all fraudulent abuses of them, unless barred by the paramount claims of a bona fide purchaser for valuable consideration, and without notice.</p> <p>2. Notice to purchaser—idkat constitutes. Where a person is, and for thirty years has been, in the open and visible possession of a tract of land as his farm and residence, that possession is notice to all the world that he has some interest in the land; and whoever buys it while that possession continues, takes it subject to that interest, whatever it may be.</p> <p>3. Same—deed as notice. And in such a case, where one half .the land lay within four miles of a thriving and populous city, and the other half much nearer, and was sold under a trust deed at the rate of $100 for each forty acres, which facts were recited in the deed made by the trustee, a second purchaser who buys the land a few days later, taking a quit-claim deed in which the expressed consideration is $1000, is chargeable witii notice of all the facts recited in or shown by the deed from the trustee.</p> <p>4. Same—inadequacy of price. And in such a case, where the last purchaser claims to have bought in good faith without notice, and .yet lived at the time within four miles of the land, which was then worth $50 an acre, his claim mdst be denied, since it is wholly unnatural to suppose that he made the purchase without knowing where the farm was situated, ils general character and value; and the fact that a farm worth $4000 had been lately sacrificed for $200, would suggest to any man of ordinary judgment that there was some mistake, or some overreaching, in the transaction suffi