Powell v. Rogers

Citations

• 105 Ill. 318
• 1883 Ill. LEXIS 91

Syllabus

<p>1. Estoppel—of the elements of an •estoppel. The doctrine of estoppels in pais or equitable estoppels is based upon a fraudulent purpose and a fraudulent result. If the element of fraud is wanting there is no estoppel, as, if both parties are equally cognizant of the facts, and the declaration or silence of the one party produces no change in the conduct of the other, he acting solely on his own judgment. There must be deception, and change of conduct in consequence thereof, to estop a party from showing the truth.</p> <p>2.. Where a mortgagee, after the sale of the mortgaged premises under a decree to enforce a mechanics’ lien, declined to purchase the certificate of purchase, or to redeem, saying he would do nothing more about the matter, and the purchaser under such decree, a party to the suit, after taking out his deed, erected a building upon the land, it was held, on bill to foreclose the mortgage after the decree of sale in the lien case had been reversed, that the mortgagee was not estopped from setting up a claim under his mortgage as against the improvements put upon the land by the prior purchaser before the decree was reversed.</p> <p>3. Purchaser—at judicial sale, not treated as mortgagee in possession. A party to a suit to enforce a mechanics’ lien, who goes into possession after his purchase of the premises, under the master’s deed, can not be regarded as a mortgagee in possession, so as to be allowed the cost of a new building erected on the land by him, as against a prior mortgagee, but is to be treated as a purchaser relying upon the validity of the¿judicial sale.</p> <p>4. Same—effect of reversal of decree under which he claims. A party to an erroneous judgment or decree is chargeable with notice of all errors in the record, and a reversal restores the parties to their original rights, and the title acquired under such judgment or decree is divested by the reversal, unless the purchaser is a stranger to the judgment, without notice, and any imp