McManus v. Keith

Citations

• 49 Ill. 388

Syllabus

<p>1. Sales—in judicial—mde of caveat emptor applies. M filed a bill in chancery against the heirs of K, to enjoin the collection of certain notes which be had given upon the purchase of real estate, sold by a commissioner under a proceeding in partition, until the determination in his favor of an action of ejectment for the premises, which he had brought against A, the bill alleging that K, in his life-time, fraudulently obtained the property from A, who was then, and at the time of the sale, in the possession of the same, claiming it as his own, but contained no allegation charging upon the defendants any knowledge of the alleged fraud, or improper conduct. Held, that the action of the circuit court, in dismissing the bill was proper, there having been neither fraud nor warranty in the sale.</p> <p>2. In such cases, the rule of caveat emptor applies, and the purchaser acts at his peril. Owings v. Thompson, 3 Scam. 502.</p> <p>3. The possession of the premises by A, at the time of the sale, operated as notice of whatever equities he had, as well to M as to the heirs of K, and the latter having had no actual notice of an outstanding equity in A, theyi and M stand upon common ground.</p>