Strong v. Shea

Citations

• 83 Ill. 575

Syllabus

<p>1. Burnt Record act—when record will not he restored,. Where a party’s land had been sold under a trust deed, and he procured a person to purchase the title for his benefit, such person holding the title as a mere security for the repayment of the money advanced, which the original owner afterwards repaid with interest, and such person so holding the title conveyed the same to a third person and he to another, during all which time the original owner was in the open and actual possession of the land, the court refused to restore the record of such conveyances which had been destroyed by fire.</p> <p>2. Mortgage — deed, when taken as a security. Where one person advances money for another with which to purchase the title to land, taking the conveyance in his own name, as a security for the money so advanced, with interest, his deed will be treated as a mortgage, and on repayment he will be required to convey to the person for whom he so purchased.</p> <p>3. Notice—hy possession of land. Where a person is in the actual, open and notorious possession of land, claiming to own the same, this will afford notice to the world of all his rights and equities in the same.</p>