Smith v. Heirs of Jackson

Citations

• 76 Ill. 254

Syllabus

<p>1. Notice—possession by tenant is notice of landlord’s equities. The actual possession of land by a tenant is constructive notice of the equities of the landlord in the same, especially when it is notorious that the tenant is paj-ing rent to the landlord.</p> <p>3. Where the owner of land, to secure his attorney in becoming his bail in a criminal prosecution, and his fees and expenses, conveyed the same by an absolute deed, which was recorded, talcing back a defeasance, and the owner appeared and kept the grantee harmless as bail, and after-wards paid him his fees and expenses, and the attorney sold and conveyed the land to another, who claimed to be an innocent purchaser, it was’ZteZá, on bill to have the deeds canceled, that the actual occupancy of the land by the owner’s tenant at the time of the second conveyance, was constructive notice to the purchaser of the original grantee’s equities, and that the conveyances were properly set aside.</p> <p>3. Same—character of possession necessary to afford notice. The possession of land, to afford notice of the party’s rights, must be as open, notorious and exclusive as is required to constitute adverse possession under the limitation laws, but it is not necessary that it should have all the characteristics of an adverse possession.</p> <p>4. Practice in Supreme Court—evidence excluded must be preserved. No error can be assigned upon the exclusion of a deposition when it is not contained in the record brought to this court, so that it can be seen whether the testimony was material.</p>