Miller v. Shaw

Citations

• 103 Ill. 277
• 1882 Ill. LEXIS 172

Syllabus

<p>1. Recording Law-—deed first recorded must prevail. Where a deed of trust on certain real estate given to secure an indebtedness of the grantor is recorded before any other deed made by him is filed for record, a regular foreclosure of the trust deed by a sale that would bar the grantor’s equity of redemption, will cut off and bar all claim of title of parties claiming under a deed from such grantor, which was recorded after the trust deed.</p> <p>2. Admission—asserting title under trust deed—admission thereby. If a party procures a conveyance of real estate from one whose title is derived from a sale of the premises under a trust deed, and asserts title thereunder, that is an admission that the foreclosure of the trust deed and the trustee’s deed to the purchaser were regular and effective to pass the estate of the grantor in the trust deed.</p> <p>3. Declaration of trust—destroyed by sale under prior deed of trust. If there be a valid sale and conveyance of land by a trustee under a power in the deed of trust to him, such action will cut off all rights of third parties under a declaration of trust made by the grantor in the trust deed after the recording of the trust deed.</p> <p>4. Evidence—recitals in trustee’s deed. Where a trustee assumes to sell land under a power in a deed of trust, the recitals in his deed are made by statute evidence of the facts so recited therein.</p> <p>5. Secondary evidence—abstracts of title where deeds and records are destroyed. Where original deeds, as well as the record books in which they were recorded, have been destroyed by fire, and neither party is able to produce copies of such deeds, resort may be had to secondary evidence to prove their contents, and by the act of 1872, in relation to lost or destroyed records of conveyances, abstracts of title made by persons engaged in abstracting titles, are made evidence in all courts of law or equity, and may be received to prove the contents of such deeds.</p> <p>6. Trustee’s deed—