Robinson v. Robinson

Citations

• 116 Ill. 250
• 5 N.E. 118

Syllabus

<p>1. Conveyance—acknowledgment—whether essential. A convej'ance of land after delivery is valid and binding on the grantors without any acknowledgment. The purpose of a certificate of acknowledgment is to prove the execution of the deed, and when its execution is otherwise proved, it is as binding as if properly acknowledged.</p> <p>2. Same—delivery of deed. In order to .pass title to land a deed must be executed and delivered to the grantee, a valid delivery being indispensable. If a grantee obtains possession of the deed by fraud, without the knowledge or consent of the grantor, no title will pass.</p> <p>3. Same—compelling new deed by grantor after his destruction of prior one. Where the grantor obtains possession of his deed for land after its delivery to the grantee, and destroys the same without its having been recorded, a court of equity will compel the execution of another conveyance.</p> <p>4. Pasties—in chancery—on bill to compel the making of a new deed, where the grantor had destroyed one already made. A father sold and conveyed a tract of land to his son, who paid the purchase money, took possession, and made valuable improvements thereon, and continued to occupy the same until his death. Before his death the father obtained the deed, which had not been recorded, and destroyed it. He then conveyed the land to one Gr., for $1200, payable in one, two and three years, and took his three notes, secured by mortgage on the land, and G. conveyed to H. The widow and heir of the son filed their bill for a conveyance, making the father and G. and H. parties defendant. On hearing it was shown that the father had, before suit brought, transferred the first note to A as collateral security, and the second one to B: Held, that while A and B were proper parties if their interest had been known, they were not necessary parties, but that their interest could not be affected by the decree.</p>