Roane v. Baker

Citations

• 120 Ill. 308
• 11 N.E. 246

Syllabus

<p>1. Conveyances—acknowledgment of deed—whether essential. In this State, a deed or mortgage is valid, as between the parties, without being acknowledged; and its execution may be proved by the testimony of any one who saw the same executed, or by the admissions of the grantor, or by any competent evidence.</p> <p>2. Same—delivery—and of acknowledgment after delivery. A delivery of a deed before its acknowledgment will be good in this State, and its acknowledgment some time after its date will not prove that it had not been executed and delivered before that time.</p> <p>3. To determine whether there has been a delivery of a deed or mortgage, it must appear, first, that the grantors intended to part with their title; and second, that the control of the instrument passed from the grantor to the grantee.</p> <p>4. The purchasers of a lot, at the time of the execution and delivery of the deed to them, on June 14, 1882, executed and left with the grantor their mortgage on the same property, securing the payment of a part of the purchase money, promising to get the wife of one of them to execute the same, which was not done until November 18, 1882, when the same was acknowledged hy the mortgagors and the wife: Held, that the mortgage took effect on the day of its date, when it was left with the mortgagee, and that the subsequent acknowledgment only furnished additional evidence of the execution and delivery of the mortgage which had already taken place.</p> <p>5. Priority op ríen — as between a mortgage for purchase money, and a preexisting judgment. A mortgage given for the purchase money of land, executed at the same time the deed is executed to the mortgagor, takes precedence of a then existing judgment against the mortgagor, even though the mortgage may not be recorded for five months after its execution.</p> <p>6. The owner of real estate sold the same under an agreement that a portion of the purchase price was to be secured by a mortgage on the lot. The lot was co