Steele v. Boone

Citations

• 75 Ill. 457

Syllabus

<p>1. Notice—afforded by recording deed not affected by destruction .of records. The destruction of the record of a deed of trust will in no manner affect the constructive notice afforded by its being recorded.</p> <p>2. Recording—sufficiency of proof that a deed was not recorded. Proof by an attorney of a purchaser of real estate, where the records were destroyed by fire, that he examined an abstract of the title to the property, which purported to be a full and complete abstract, and did not find a prior deed of trust upon the premises, is not sufficient to show there was no record of the same, there being evidence that the deed was filed for record on the day of its execution, as it does not follow that the abstract was what it purported to be.</p> <p>3. Chancery practice—evidence must he preserved. Where the record shows that, upon the dissolution of an injunction, evidence was heard upon the assessment of damages, but does not show what the evidence was, nor what facts were found therefrom by the court, a decree awarding damages will be reversed for the error.</p>