Mallett v. Kaehler

Citations

• 141 Ill. 70

Syllabus

<p>1. Notice—of rights in land by possession through a tenant. Whatever is sufficient to put a party upon inquiry is notice of all facts which a' pursuit of such inquiry would lead to. So possession of land through a tenant is notice that the possessor has some rights in the same.</p> <p>2. At the time of a contract for the sale of lots 3 and 4 in a block, a trespasser was in the occupancy of a house on lot 5, adjoining lot 4, and had erected a barn on lot 5, which extended over some distance on lot 4. After the sale the purchaser saw the occupant and informed him of the purchase, and the latter then agreed to pay the purchaser ten dollars a year for the use of lots 3 and 4: Held, that the purchaser’s possession through such tenant was notice to all the world of the purchaser’s rights in the lots. The rule which limits a trespasser to the land actually occupied by him, in asserting rights under his possession, has no application in such a case.</p>