Kerfoot v. Cronin

Citations

• 105 Ill. 609
• 1882 Ill. LEXIS 254

Syllabus

<p>1. Appeal—whether freehold is involved. A bill filed to foreclose a deed of trust, which also seeks to show title in the maker of the trust deed under an unrecorded conveyance to him by a person under whom the defendants claim title as innocent purchasers for value, without notice of such unrecorded deed, and to have the defendants’ title made subordinate to the complainant’s rights under the deed of trust and to the title of the grantor in the deed of trust, involves a freehold, within the meaning of the statute giving an appeal from the trial court directly to this court when a freehold is involved in the litigation.</p> <p>2. Recording law—when record of deed is notice of existence of deed and recitals therein, and to whom. The recitals in a recorded deed or bond bind no one except the grantors and those claiming under them by grant subsequent to the record of such deed. A purchaser is not chargeable with notice of every fact that may appear of record, without regard to whether it falls within the line of his chain of title; but if he is chargeable with notice of a recorded deed, he will also be held to notice of all its recitals.</p> <p>3. The purchaser of land is not chargeable with notice of the record of an- existing deed for the same land from one person to another, both of whom are apparently strangers to the title of the purchaser’s grantor, and not being chargeable with notice of the existence of such deed, though it is recorded, he will not be held to constructive notice of any recitals contained in it.</p> <p>4. Where A, in whom the record showed no title, made a deed of trust to B for certain real estate, which was recorded, and recited it was given to secure two notes of the grantor to 0, in whom the record of deed showed the title for the purchase money of the property, and 0 indorsed and sold the notes, and after the record of the trust deed sold and conveyed the premises to innocent parties for value, who had no knowledge of any prior conveyance