Porter v. McNabney

Citations

• 77 Ill. 235

Syllabus

<p>1. Deed of trust—title under forged assignment after satisfaction. Where the parties in interest to a deed of trust on land, given to secure the purchase money, cancelled the notes and deed of trust, and wrote across the face of the deed “cancelled in full,” when it was returned to the grantor in such deed, who thereupon reconveyed the land purchased by him to the original owner, and the latter procured a release from the trustee, in whom was the legal' title, of all his interest in the land, and sold the same to a bona, fide purchaser, and the trustee, about the same time, having in his possession a copy of such deed of trust, and copies of the notes, which were forged, with a forged assignment thereof, transferred the same to a third part}'- for value, who caused the trust deed to be foreclosed by a sale, and became the purchaser: Held,, on bills to remove clouds from the title of the respective parties, that the purchaser under the trust deed, it and the notes held by him being forged, acquired no title to the land under the trustee’s sale that could prevail against the grantee of the original owner.</p> <p>2. Recording law—when purchaser protected by facts appearing from record. Where the record of deeds showed that a party giving a deed of trust to secure the purchase money, had reconveyed the land to the former owner and his grantor, and a release of the land by the trustee, a purchaser from the former owner, in whom the record showed title, will not be bound to examine the records further to see if a conveyance had been made subsequently to such release, by any party authorized to sell under the trust deed, as the record showed the revocation of the power of sale, and such purchaser will be protected against any sale under the deed of trust.</p> <p>3. Deed of trust—sale under power after release. After the trustee in a deed of trust has released his power of sale by a formal deed of release, the party named as his successor, to exercise the power in case o