Illinois Land & Loan Co. v. Bonner

Citations

• 91 Ill. 114

Syllabus

<p>1. Tenants in common—unequal interests united in common—relations of the parties as to title. If two persons claiming unequal interests in land enter into a written agreement to become tenants in common and owners in undivided halves, in equity they will become equal owners of the premises without regard to their prior several legal titles of record, whether good or bad, and as between themselves any failure of the title in respect to either of the original interests should be borne equally between them.</p> <p>2. Same—partition between them.—deeds of partition with covenants of warranty •—subsequent incumbrancers—partition as to one claiming title to part. If A, the owner of an undivided three-fourths of a lot, and B claiming the other one-fourth interest, make partition of the property, each warranting the title of the part set off to the other, after which, A mortgages his part in severalty to secure a loan to him of more than its value, and becomes insolvent, and the title which B originally had fails in consequence of the avoidance of the deed to him on the ground of infancy in his grantor, and the party succeeding to his interest seeks a partition, that interest in equity should be set off and assigned out of the land of B in the prior partition, so as to leave the part of A subject to the mortgage. The rule would be different between A and B if the burden was sought to be enforced against them alone.</p> <p>3. Partition—minor avoiding his deed—refunding money paid on incumbrance preserving lien for its payment. Where one of several tenants in common of land claiming under a minor’s deed pays off a mortgage given by the minor’s guardian for money for the minor’s use, and such deed is avoided by an heir of the minor who seeks a partition, it is proper to require him to pay his proportion of the incumbrance as a condition to relief, as well as his proportion of taxes and assessments paid by his co-tenants. The amount should be decreed a lien on the land set o