Pry v. Pry

Citations

• 109 Ill. 466

Syllabus

<p>1. Forged deed—what amounts to a forgery—erasure of name of one of several grantees. Where a person took a deed for land to one of his sons, and also to a grandson of the same name as his own, except the addition of a middle initial letter, the grantees being minors, and the grandfather, the custodian of such deed, after the death of his son, one of the grantees, erased his name, and the letter “W” in the other grantee’s name, from the deed, and put the deed, so altered and changed, on record, thereby showing a conveyance to himself, the grandfather, it was held, that the erasure was a forgery, and as such did not affect the legal or equitable title of the real grantees.</p> <p>2. Same—rights of subsequent purchaser without notice. A deed was made to John W. Pry and Hamilton Pry, for a tract of land, and placed in the bands of John Pry, a relative, for them, they being infants, after which the depositary erased from the deed the name of Hamilton Pry, and the letter “W” in the name of the other grantee, and placed the same on record. He then conveyed various parts of the land to innocent purchasers, who had no notice of the erasure in the deed, or the forgery: Held, on hill filed by John W. Pry to set aside the several conveyances as to his undivided half, as clouds upon his title, and to restore the evidence of his title, that he was entitled to the relief sought, his equitable title being prior in point of time, and he also having the legal title.</p> <p>3. Same—application of the Recording law. The provision of the statute making all deeds and other instruments affecting the title to land, void as to subsequent purchasers and creditors without notice, if not recorded in proper time, has no application to forged deeds and other instruments, as they can not affect the title to land, and are therefore not entitled to record.</p> <p>4. Allegations and proofs—as to the character of title. A bill in chancery to set aside certain conveyances of land made by one who ha