Gavagan v. Bryant

Citations

• 83 Ill. 376

Syllabus

<p>1. Ifs-mso—innocent purchaser not affected by fraud of a prior grantee. An innocent purchaser of real estate in good faith, for a valuable consideration, where the record shows the title in his grantor, will be protected, and a prior owner, from whom a conveyance was obtained through fraud and circumvention, can not recover in ejectment against him.</p> <p>3. If one of two innocent persons must suffer a loss, he who contributed to it, or enabled another to commit a wrong, must bear it. If a party signs and acknowledges a deed, supposing it to be a lease, without reading the same, and thereby enables his grantee to sell the property to an innocent purchaser for a valuable consideration, the title will pass to such purchaser, and the grantor must bear' the loss.</p>