Needham v. Clary

Citations

• 62 Ill. 344

Syllabus

<p>1. Estoppel. Where a party made a conveyance of a tract of land to B, and received the purchase money, and afterward brought suit by attachment against A, a former grantee of the plaintiff, whose deed was unrecorded, to recover a sum due from him, and attached the same land, and B interpleaded, claiming title : Held, that on the trial of the issue on the inter-pleader the plaintiff was estopped from defeating the title of B, even by showing that the latter had notice at the time of his purchase of the prior unrecorded deed.</p> <p>2. Judgment—-upon whom binding. Where land was attached and a grantee of the plaintiff filed an interpleader claiming title as against the attaching creditor, which the latter attempted to defeat by showing a prior deed from himself to the defendant in attachment and notice thereof to the party interpleading, and the defendant in attachment was in court only by constructive service: Held,, that a judgment in favor of the party interpleading was not binding as between the two grantees in any future contest between them in respect to the title. c</p>