Maghee v. Robinson

Citations

• 98 Ill. 458
• 1881 Ill. LEXIS 276

Syllabus

<p>1. Notice of an equitable title to land—by possession. The actual possession of land by a person holding an equitable title to the same, will operate as notice of his equitable rights as against a subsequent purchaser at a judicial or other sale.</p> <p>2. Purchaser of equitable title—holds subject to infirmities—of the application of the Recording act. A party taking an equitable title to laud, to enforce which he must resort to a court of chancery, takes it subject to all infirmities existing against it, and can claim nothing under it which the former owner could not have claimed. The purchase of an equity gives the purchaser the estate which he buys, in the condition in which it was when bought.</p> <p>3. A purchaser of what were known as “swamp lands,” from a county, received the usual certificates of purchase therefor, and assigned the same to another, for a valuable consideration. Subsequent to such, assignment, but before the recording of the same, judgments were recovered against the original purchaser of the lands, and executions which were issued upon those judgments were levied upon the lands, and they were sold. There having been no redemption, the officer executed deeds to the purchaser. It was held, no estate whatever, either legal or equitable, passed by the execution sale. The judgment debtor never held any other than a mere equitable title to the lands, and, at the time of the recovery of the judgments against him, did not have even that interest. It was not essential to the protection of the interests of the assignee of the certificates of purchase, as against the judgment creditor of his assignor, or the purchaser under the execution sale, that the assignment should have been recorded. The apparent equity of the judgment debtor in the lands, was taken, if it was taken at all, subject to the actually existing rights of the assignee, without regard to the question of notice of the existence of those rights.</p> <p>4. Prior suit pending—effect upo