McNary v. Southworth

Citations

• 58 Ill. 473

Syllabus

<p>1. Buying in outstanding title, to intercept a rival equity. One who, in good faith, makes a purchase of lands, and believes that he has acquired the legal title, may, on the discovery that he has not in fact acquired the legal title, strengthen his own title by buying in the legal title, and thus anticipate and cut off a rival equitable title equally meritorious with his own.</p> <p>2. Bona fide PUitonASER. A remote purchaser, who derives title from a trust sale, wherein the trustee purchased at his own sale, and is ignorant of the irregularity and pays a reasonably adequate consideration to his vendor in possession, is entitled to be considered a bona fide purchaser as against one who, for a small consideration, buys in the supposed equity of redemption, several years after the trustee’s sale.</p> <p>3. Diligence—as applied, to equal equities. Where equities are equal, a court of equity will not take from one an advantage he has acquired of his adversary by liis superior diligence.</p>