Hall v. Sheer, Tompkins & Co.

Citations

• 76 Ill. 296

Syllabus

<p>Mortgage—as against one perfecting title in trust for the person owing the mortgage debt. Where a married woman conveyed land owned by her, to A, taking back notes secured by mortgage on the land for the purchase money, but her husband did not unite with her in the deed under the belief it was not necessary, and A afterwards sold to the defendant, who went into possession, promising to pay the notes of A, and gave his mortgage on the premises to A for the balance due above the notes of A outstanding, and the defendant afterwards, on learning of the defect in his title, sent his son to procure a deed from the original vendor and her husband, which they gave to remedy the defect, but the son took the deed in his own name: Held,, on bill by the assignee of the first notes and mortgage to foreclose, and on cross-bill by A to foreclose, that the acquisition of the legal title in the manner stated presented no bar to the foreclosure, and that the title claimed by the son was subject to both mortgages, he being but a trustee for his father.</p>