Turner v. Littlefield

Citations

• 142 Ill. 630
• 32 N.E. 522

Syllabus

<p>1. Mortgages and deeds op trust — qualification of party to purchase umder. A party, to secure the repayment of a sum of money in five years, took a deed of land, which was to become absolute if not paid in five years, and which was subject to a prior and first lien of a deed of trust. Before the maturity of his debt the debtor informed him of his inability to pay, and abandoned all claim to the land. The party holding such de'ed then procured the trustee to make a sale of the land under the power of sale, and became the purchaser, and obtained a deed: Held, that after such abandonment the creditor did not sustain such a. relation to the debtor as to preclude him from becoming a purchaser under the trust deed, and that a judgment creditor of the debtor could not redeem from the deed taken as a mortgage, and subject the land to the payment of his judgment.</p> <p>2. SAME' — sale under, to subsequent mortgagee. A sale and conveyance of land under a trust deed, in accordance with its terms, executed and recorded in 1877, tó a party not disqualified from purchasing, which trust deed was the prior lien on the land, will pass the title to the purchaser, although he may have had a mortgage on the land growing out of a transaction subsequent to the execution and recording of the deed of trust.</p> <p>3. Evidence — of abandonment of claim — quit-claim deed. After a party has abandoned his claim of the right to have a conveyance of property for inability to make payment therefor, a quit-claim deed from him, although no title may pas's thereby, is admissible to corroborate other evidence that he has abandoned all claim to the property.</p>