Grundies v. Reid

Citations

• 107 Ill. 304
• 1883 Ill. LEXIS 263

Syllabus

<p>1- Recording act—how far a protection to purchasers—where one appearing to hold title by one name is also known by another name— notice. The record of deeds, etc., showed a perfect title to certain lots in Oonrad Eickenberg, and no judgments against him. He effected a loan of money on the lots by giving a deed of trust thereon, the lenders having the abstracts of title examined by an experienced attorney, who pronounced the title good, under which trust deed the creditors acquired the title by foreclosure. It was held, in the • absence of any satisfactory proof of notice to the parties making the loan that Eickenberg was also known by the name of Charles, that they were protected against a title derived by sale on execution as to one of the lots under a prior judgment in favor of one Klickman and against Charles Eickenberg, although in fact Eickenberg was known by both names, Charles and Conrad, and the judgment was against Conrad by the name of Charles, the public record, however, not showing such latter fact.</p> <p>2. The law in this State protects purchasers of real estate in their purchase as the title appears of record, unless there be notice of something to the contrary; therefore, to affect the title of a purchaser from Conrad E., in whom the record showed title, by a prior judgment standing against Charles E., it is incumbent on the party deriving title by sale under that judgment to prove that the subsequent purchaser had notice that such judgment had been rendered against Conrad E. by the name of Charles E.</p> <p>3. Same—what will amount to notice. A party making a loan to Conrad E., on a deed of trust upon lots 19 and 20, the records showing him to own the same, had their attorney examine the abstracts of the title, on which was a note of a sale of lot 20 upon a judgment against one K. and Charles E,, which was marked satisfied: Held, that this fact was not notice that Charles E. and Conrad E. were one and the same person, or of the existence of anot