Klein v. Seibold

Citations

• 89 Ill. 540

Syllabus

<p>1. Purchaser—not protected against true owner on sale by one having no title. A mere naked possession in a vendor will not hold good against the true owner, and the latter may pursue his property and recover it from a purchaser without notice, when he has done nothing to estop him from asserting his title. The purchaser must look to his vendor on the implied warranty of title.</p> <p>2. Where a husband takes the personal property of his wife and sells the same to a third person, and she is not present at the sale, or afforded an opportunity to give notice of her rights, and has made no sale to her husband, or delivery to him under any contract of sale, she will, not be estopped from asserting her title as against the purchaser, though he had no notice of her title. A vendor usually can not transfer any better or greater title than he himself holds.</p>