Mansfield v. Excelsior Refining Co.

Citations

• 135 U.S. 326
• 10 S. Ct. 825
• 34 L. Ed. 162
• 1890 U.S. LEXIS 2027
• 4 A.F.T.R. (P-H) 4640

Syllabus

<p>In Illinois, the unsuccessful party in an action of ejectment is entitled, by statute, upon the payment of all costs, to have the judgment vacated and ' a new trial granted, but no more than two new trials can be granted to the same party under the statute. This statute governs the trial of actions of ejectment in the courts of the United States sitting in Illinois.</p> <p>In an action of ejectment, in Illinois, where the title of one of the parties depends upon a deed made by a trustee, investéd with the legal title, and with’ power to sell and convey to the purchaser upon advertisement and sale, it is not material to inquire — the deed from the trustee not appear- . ing upon its face to-be void — whether the trustee conformed to all the terms of his advertisement for sale.</p> <p>By the statute of Illinois, all deeds, mortgages, and other instruments of ■ writing, authorized to be recorded, take effect and are in force from and after the time of filing the s.ame for record, and .not before, as to creditors and purchasers without notice; and all such deeds and title papers must be adjudged void as to such creditors and subsequent purchasers, until the same be filed for record. Held, That although a grantee in a quitclaim deed is a purchaser within the meaning of the statute, and the pripy recording of such a deed will give it a preference over one previously executed but not recorded until after the quitclaim deed, yet the grantee in the latter deed is charged with notice of what may be done'under a trust deed conveying the same lands, filed for record before the quitclaim deed, and his rights are, therefore, subject to those of. the grantee in a deed from the trustee, not filed for record until after the quitclaim was recorded. Whatever is sufficient notice to put a purchaser of land, on inquiry is sufficient notice of an unrecorded deed.</p> <p>Where distillery premises, in the Occupancy of a distiller, who is operating the same under a lease to expire at a sp