Mason v. Mullahy

Citations

• 145 Ill. 383

Syllabus

<p>1. Purchaser—whether in good faith. Where a party procures the execution of a deed to him for land previously attempted to be conveyed to another person, by fraud and misrepresentation, and without paying any consideration, and he, for a mere nominal consideration, conveys to his sister, neither of them can claim to be a purchaser in good faith as against the equities of the prior purchaser.</p> <p>2. Notice—of constructive notice of title. Where land is by mistake misdescribed in a deed of conveyance, and another takes a deed properly describing the land, it will not be necessary to bind him by the equities of the prior purchaser, that he shall have actual notice thereof. If he has knowledge of such facts, as ought to put a prudent man on inquiry as to the title, he will be chargeable with notice of all facts pertaining thereto, to which diligent inquiry and investigation would have led him.</p> <p>3. It is a familiar principle of equity jurisprudence, that if one obtains a conveyance of property with notice of an equity in relation thereto, binding upon his grantor, he will also be bound. Only, innocent purchasers, without notice of a mistake in a deed to another, can be heard to object to its correction.</p> <p>4. Same—possession of land as notice of title. Where a party from the date of his deed, which by mistake did not properly locate the land, which was woodland, cut timber therefrom, and paid all taxes assessed against it, so as to apprise adjoining owners of land of his claim: Reid, that this possession was sufficient to charge all persons dealing in respect to the land with notice of his equitable title.</p> <p>5. ' Same—possession, how evidenced—notice of rights. The possession of land is sufficient to charge all others with notice of the rights, legal or equitable, of the possessor. But to constitute such possession, notice as against a bona fide purchaser, the possession must be open, visible anti-exclusive. Such possession may be evlilencecTby any a