Haworth v. Taylor

Citations

• 108 Ill. 275
• 1884 Ill. LEXIS 1475

Syllabus

<p>1. Recording daw—deed notice from time of filing for record. The statute makes tbe filing of a deed for record the same as the recording of it, as respects notice to subsequent purchaser, etc.</p> <p>2. But where a deed for land is left by the grantee with the recorder, and the fees for recording paid, with a direction not to record the same until ordered to do so, as shown by a memorandum on the entry book, and before orders to record the same another deed from the same grantor is filed and recorded, such first deed will not be held to have been filed for record, within the meaning of the statute, before the second deed, and the grantee in the latter will not be affected with constructive notice of the prior deed from the records of deeds.</p> <p>3. Notice—of title, by tenant’s possession. The possession of land by a tenant under a written lease, before the commencement of the term, is constructive notice of whatever title the landlord may have to the same at the time of a subsequent conveyance to another.</p> <p>4. A husband leased land of his wife on August 22, 1865, to a tenant for five years, the term to commence on March 1, 1866, under which lease the tenant took possession in September or October, 1865. The wife, after a decree of divorce, in the exchange of lands conveyed the premises to the husband on November 13, 1865, and on December 26, 1866, she conveyed the same to one H., whose deed was first recorded: Held, that the possession of the tenant, at the date of the last deed from the wife, was notice to the grantee therein of the husband’s title under his unrecorded deed from his former wife.</p> <p>5. Redemption—when allowed in equity after statutory time has passed. A debtor’s quarter-section of land was sold on execution for $580, a sum less than its value, and a certificate of purchase given and duly recorded. It afterwards appeared that at the same time other real estate of the debtor was sold for $5, the yearly rental value of which was over $500