Ryder v. Rush

Citations

• 102 Ill. 338
• 1882 Ill. LEXIS 33

Syllabus

<p>1. Bankruptcy—sufficiency of assignee’s deed under act of 1841. Under the Bankrupt law of 1841, the title of all the bankrupt property vested in the assignee as soon as the owner was adjudged a bankrupt and the assignee was clothed with the right to sell the same, and his deed is not invalid for not reciting an order of the court to sell at private sale. The deed containing a copy of the decree of bankruptcy and of the appointment of the assignee, needs no other recitals, and will be good, if in other respects sufficient, the same as a deed made by the bankrupt before the adjudication.</p> <p>2. Recording law—deed not recorded, void as to subsequent purchaser. A deed from an assignee in bankruptcy, for land, which is not recorded, is void as to a second grantee from such assignee without notice of the prior deed, the subsequent deed being properly recorded.</p> <p>3. Same—purchase presumed to bebona fide. Under the recording laws a subsequent purchaser from the same grantor whose prior deed is unrecorded, is presumed to be a bona fide purchaser, and the burden of proof to show bad faith or want of consideration is upon the party alleging it.</p>