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· 6/15/1875

Schrader v. Peach

Citations

  • 77 Ill. 615

Syllabus

<p>1. Conveyance—under decree of court, after many years. A conveyance of land nearly thirty years after a decree authorizing the same, without any new order of the court rendering the original decree, and to the assignee of the person to whom the conveyance was directed to he made, is unauthorized, and will not pass the legal title.</p> <p>2. In such a case, the party claiming the deed should, upon proper noti ce to all persons in interest, apply to the court that rendered the decree for a further order for a conveyance.</p> <p>3. Same—when refused after la/pse of considerable time. Where an application is made for a conveyance, under a former decree, after the lapse of a great length of time, it will not be granted if it will impair the rights of innocent purchasers for value, or where purchasers have acquired a bar under any limitation law, or where the circumstances show it inequitable to grant the order.</p>

Judges: Walker

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