Gunnell v. Cockerill

Citations

• 84 Ill. 319

Syllabus

<p>1. Deed—delivery. No particular form or ceremony is necessary to constitute a delivery of a deed. It may be by acts without words, or words without acts, or hy both. Anything which clearly manifests the intention of the grantor and the person to whom it is delivered, that the deed shall presently become operative and effectual, that the grantor loses all control over it, and that, by it, the grantee is to become possessed of the estate, is a sufficient delivery.</p> <p>2. It is not necessary that the deed he delivered to the grantee. If a deed of trust he delivered to a third person, with the intent to secure the creditors therein named, this will constitute a sufficient delivery. In such case, the previous anxiety of the grantor to secure his creditors hy deed of assignment, and his subsequent expressions of satisfaction at what he had done, are evidence to show his intention to make the instrument effectual hy a valid delivery.</p> <p>3. Purchaser under deed of trust—chargeable with notice of defects, eta., in sale. A purchaser under a deed of trust containing a power of sale is chargeable with notice of defects and irregularities attending the sale, and their effect can not be evaded by him, hut as to remote and subsequent purchasers the rule is different.</p> <p>4. If a trustee’s deed, made in execution of a power of sale, contains nothing upon its face to show that the sale was made contrary to the terms of the deed of trust, then a subsequent grantee, without actual notice of any defects in the trustee’s sale, will acquire a title not subject to be set aside in equity.</p> <p>5. But such subsequent grantee, to he protected, on hill in equity to set aside the sale and several conveyances, must introduce in evidence the trustee’s deed and the deed from the purchaser to himself.</p> <p>6. Same—when relief may be had against purchaser after he has parted with the title. Where a hill in chancery to set aside a trustee’s sale and subsequent conveyances, does not