McNab v. Young

Citations

• 81 Ill. 11

Syllabus

<p>1. Service—when return of officer sufficient to show. A return by an officer that he served the --- writ by leaving a true-of the same in the hands of the defendant, naming him, by every fair and reasonable intendment constitutes a good service.</p> <p>2. Trust deed—when purposes of trust are accomplished, title is vested in grantee without action of the trustee. Where the owner of lands conveys them to another in trust, with no interest in the trustee, the owner, when the purposes of the trust are all accomplished, will, without any action on his part, be vested with the legal title, upon which he can maintain ejectment.</p> <p>3. Deed—executed in blank, good if delivered after grantee's name is inserted by agent of grantor. An objection to a deed, that at the time it left the grantor’s hands, there was no grantee’s name in it, is obviated by proof that the officer who took the acknowledgment of the deed, acting as the agent of the grantor, inserted the name of the grantee therein and then delivered it to the grantee.</p> <p>4. Same—objection that deed was executed in blank can not be made by stranger to grantor's title. The objection that a deed was executed in blank and the name of the grantee inserted after delivery, can not be made by one not claiming through or in right of the grantor.</p> <p>5. Innocent purchaser—purchasers of legal title without notice of any fraud or invalidity of deeds will he protected. Where the legal title to land is vested in a party, and there is nothing appearing from which purchasers can know that there has been any fraud in his acquisition of the title, or any invalidity in any deeds in his chain of title, they will be protected in their purchases.</p>