Kiser v. Heuston

Citations

• 38 Ill. 252

Syllabus

<p>1. Deed—notice. After receiving and filing a deed for record, it, in contemplation of law, is recorded, and becomes notice to all the world.</p> <p>2. Same. Such filing for record is sufficient notice to the world before the Recorder has copied it into his record.</p> <p>3. Mortgage—lien of, when lost. A vendee of mortgaged premises will be held an innocent purchaser where the mortgage has been withdrawn from the files by the mortgagor with the consent of the mortgagee, before the same Las been spread upon the records, provided, he is a purchaser for a valuable consideration.</p> <p>4. Same—lien of, when reinstated. A mortgagee by refusing to accept a new mortgage on other lands, in pursuance of an agreement to do so, and consenting to the withdrawal of the first from the files, can only reinstate the first on record, subject to the rights of intervening purchasers.</p>