Franz v. Orton

Citations

• 75 Ill. 100

Syllabus

<p>1. Specific performance — controlled by equity of the case. On bill to enforce the specific performance of a contract, a court of equity will always exercise a discretion whether the relief shall be granted or refused, and that discretion will be controlled by the equity and justice of the case.</p> <p>2. Where a party purchasing land of one clothed with the legal title has notice, actual or constructive, that another owns it, and that the vendor holds the legal title as a security for money owing him and others, he cannot be placed in a better position than the vendor, and a court of equity will refuse to enforce the specific execution of his contract of purchase.</p> <p>3. Notice—possession by tenant. The actual possession of land by a party through his tenants is constructive notice of his rights in the same, whether legal or equitable.</p>