Ætna Life Insurance v. Ford

Citations

• 89 Ill. 252

Syllabus

<p>1. Notice—of unrecorded mortgage. Any fact or circumstance that tends to give notice or informs a party that there is an incumbrance upon land, is sufficient to charge him with notice of its existence. Where such information comes to the knowledge of a purchaser or subsequent incumbrancer, the law requires 'him to pursue it until it leads to notice.</p> <p>2. Same—from recitals in deed under which he claims. Where an administrator’s deed for land sold under decree of court recited the decree, which required the sale to be made for ten per cent cash in hand, and the balance on a credit, of twelve months, taking the purchaser’s note, secured by mortgage on the premises sold, and the deed also recited that the purchaser had complied with the terms of sale, it was held, that such recitals in the administrator’s deed, which was recorded, was sufficient notice to any one dealing with such purchaser of the existence of an unrecorded mortgage given by such purchaser to the administrator.</p> <p>3. Actual notice, or circumstances which will excite suspicion, and which, when pursued to the source to which they point, lead to notice, is equally sufficient to charge a purchaser with notice as an recorded instrument.</p>