Hardin v. Osborne

Citations

• 94 Ill. 571
• 1880 Ill. LEXIS 128

Syllabus

<p>1. Assignee in bankruptcy—prior unrecorded deed from the bankrupt. An assignee in bankruptcy does not take the title to the property of the bankrupt as an innocent purchaser without notice, free from latent equities, etc., but he takes as a mere volunteer, standing in the shoes of the bankrupt as respects the title, having no greater rights in that regard than the bankrupt himself could assert.</p> <p>2. So, where a bankrupt had conveyed land prior to the time he was adjudged a bankrupt, and the deed remained unrecorded, no title would pass to the assignee as against the purchaser holding under the prior unrecorded deed.</p>