Manly v. Pettee

Citations

• 38 Ill. 128

Syllabus

<p>1. Tenants in common—partition between them.—its effect upon judgment creditors and purchasers. A parol partition of lands between tenants in common, if followed up by a several possession, will be good, and will protect the portion allotted to each against a subsequent purchaser, or a judgment creditor of the other.</p> <p>2. Same—character of possession required. But to give a parol partition that effect as to third persons, the several possession of the respective parties must be so open and visible, as to notify all persons interested in having such knowledge, that a change from a joint to a several possession has occurred.</p> <p>3. Where the partition was between two tenants in common, the pqrtion allotted to one being wholly unimproved and unoccupied, and that allotted to the other being occupied by a tenant who remained in the same possession he had had before, and the owner causing some ploughing to be done and some wood to be cut, it was held, such possession of one of the portions would not afford notice of a partition,</p> <p>4. Same—where the partition is by deed—application of the registry laws And where the partition is by an interchange of deeds, the same character of possession which will protect the parties to a parol partition against third persons, will secure the rights of both, though their deeds remain unrecorded. And in such a state of case the question of parol partition would be immaterial, inasmuch as a several possession, by each party of his own, would be notice of the unrecorded deed.</p> <p>5. If one of the parties, however, should neglect to put his deed upon record prior to the rendition of a judgment against the other, whose deed had already been recorded, the judgment being obtained subsequent to the partition, and no several possession was had so as to afford notice of the unrecorded deed, and the judgment creditor had no actual notice of the partition, his judgment would become a lien, not only upon the portion allotted to the