Partridge, Wells & Co. v. Chapman

Citations

• 81 Ill. 137

Syllabus

<p>1. Notice—of unrecorded deed by possession. The actual, open and visible possession of land by a grantee is equivalent to the recording of his deed, as notice of his rights to others.</p> <p>2. Deed—of its delivery. Where a party executed a mortgage on real estate to a person who was not present by h imself or agent, and left the same for record, with directions when recorded to be sent to the mortgagee by mail, which was done, it was held, there was no delivery before the time it was mailed.</p> <p>3. Purchaser—who is a bonafide one. Where a person purchased land without notice of any mortgage thereon, and paid the principal part of the price and gave his note for the balance, which was negotiated by the payee so as to cut off any defense, and the price paid was a full and fair consideration, it was held, that such person was a bonafide purchaser, and as such entitled to protection.</p> <p>4. Recording law. The doctrine that one can not be regarded a bona fide purchaser of land until he has paid the full amount of the purchase money, has no application under our recording laws.</p>