Redden v. Miller

Citations

• 95 Ill. 336
• 1880 Ill. LEXIS 183

Syllabus

<p>1. Subsequent bubuhasbr—as to payment of purchase money under prior purchase. In a controversy between a prior and subsequent purchaser of land, in regard to the title, the former alleging that the latter was not a bona fide purchaser for value without notice, it is a matter of no concern to the subsequent purchaser whether the prior purchaser has paid the whole amount of the purchase price under his contract or not. If the vendor is satisfied in that regard, the subsequent purchaser can not complain.</p> <p>2. Same—without consideration—of his relation to the prior purchaser. A purchaser of land, to whom a deed had been made, reconveyed to his grantor, and thereupon the latter sold the land to another, giving a bond for a deed. Neither the reconveyance nor the bond was put upon record. After these transactions, the first purchaser, who had reconveyed to his grantor, sold and conveyed to a third person under this arrangement: that the grantee should clear the title from a prior mortgage on the land, make sale of the land, and pay to his grantor one-half the proceeds,—so that really he paid nothing for the land. It was held, this last purchaser simply stood in the shoes of his grantor, and held the legal title subject to all the equities which were binding upon him in respect to the second and intervening purchaser.</p> <p>3. Delivery oe deed—surrender of notes. Where, upon the cancelling of a contract for the sale and conveyance of land, it was agreed between the parties that the grantee should execute a deed reconveying to his grantor, and the latter should surrender the notes given him for the purchase money, and that the deed of reconveyance should be placed in the hands of a third person, to be delivered to the grantee therein whenever the latter should place in the hands of such third person the notes mentioned, it was held, the delivery of the deed of reconveyance into the hands of the custodian designated was a delivery to the grantee therein, and the plac