O'Neal v. Wabash Avenue Baptist Church

Citations

• 48 Ill. 349

Syllabus

<p>1. Vendob and pvbchaseb—of the contract and sale—rescission and its effects— deed by vendor to another—sufficient declaration of forfeiture. B executed a contract to N for the conveyance of certain premises, for a specified sum, payable in installments, N agreeing, in addition, to pay all the taxes. Time was made the essence of the contract, and contained a covenant, that B might, on failure of performance, elect to declare the contract at an end, and all payments made upon it forfeited. N failed to pay the taxes, and also, the last installment of the purchase money, which fell due June 18th, 1855, and on the 29th of August following, B conveyed the lands to T, who recorded his deed, of which conveyance B gave N notice. N thereupon, during the next month of September, called upon B, who, it is claimed, extended the time of payment to N, to gather his crops, and never after gave to N other notice, that he had elected to determine the contract; and in February, 1865, B conveyed, also, the premises to N. Held, in an action of ejectment brought by N, against a grantee of T, that the contract between B and N became forfeited by the act- of B in making the deed to T, of which N had notice, and that by such deed T became vested with the legal title to,the premises; that B having parted with his title by the deed to T, he could not extend the time of payment to N, and that N took nothing by the subsequent deed of 1865, to him by B.</p> <p>2. Same.—But, in such case, had the contract remained in full vigor, and the rights of no other parties intervened, the deed of 1865 would relate back to the date of the contract. In this case, it is otherwise, as B became wholly divested of his title by his deed to T, which constituted a forfeiture of the contract.</p> <p>3. Same.—That after the declaration of forfeiture, a tender of the money, or a promise by B to convey, after he had parted with his title, could not restore the contract.</p> <p>4. Same—premises encumbered. Nor can it