Henson v. Westcott

Citations

• 82 Ill. 224

Syllabus

<p>1. Fraud — as affecting subsequent purchaser from, fraudulent vendee. Where the owner of a farm in this State, upon the representation of a stranger that he owned a large tract of land and herd of cattle in Texas, executed to him a deed for his farm, in consideration of 160 acres of the Texas land and 200 head of cattle, to he conveyed and delivered on the arrival of the parties in Texas, and the parties started to Texas in company, and on the way, the stranger, in the presence and with the knowledge of his grantor, and without an objection on his part, sold and conveyed the Illinois farm to a third party, who paid for the same, it was held, that, although the representations as to the ownership of land and cattle in Texas by the stranger proved to be false and fraudulent, and of such a character as would entitle the original owner of the Illinois land to have the deed set aside, if the title still vested in such stranger, yet, as against the grantees who purchased from him with the knowledge and consent of the original owner, he was entitled to no relief.</p> <p>2. Vendor’s lien—waived by encouraging purchase from his vendee. If the vendor of land stands by and encourages and advises another to purchase the land from his vendee, without intimating that he has a vendor’s lien, he will he deemed to have waived his lien as against such purchaser.</p>