Riley v. Quigley

Citations

• 50 Ill. 304

Syllabus

<p>1. Notice by possession—its extent and effect. Where a person is in possession of premises, upon which he holds a mortgage which is not recorded, the constructive notice of his rights under the mortgage which is afforded by his possession, in lieu of a record, only goes to the extent of putting persons upon inquiry, and requiring a subsequent purchaser to apply for information to the person in possession.</p> <p>2. But if such information is honestly and properly asked on the one side, and willfully refused on the other, he who has done all in his power to acquire it, may deal with the land on the presumption that the title is in fact as disclosed by the record, and the party in possession will be estopped from setting up his mortgage to the injury of him to whom he refused the information.</p>