Vallette v. Bennett

Citations

• 69 Ill. 632

Syllabus

<p>1. Ejectment. The plaintiff in ejectment, if he recovers at all, must do so on the strength of his own title, and this must be a legal, not a merely equitable, title.</p> <p>3. jVIORT&AQ-E—title of mortgagor. Notwithstanding the legal title to mortgaged premises is in the mortgagee, the mortgagor is regarded as thc'equitable owner of the estate for all beneficial purposes, and his interest is liable to levy and sale on execution, and it seems the same rule applies to a deed of land in trust for the payment of debts.</p> <p>8. Trust deed. Where property is conveyed to another by a deed absolute on its face in all respects, except for the trust declared, that the grantee shall pa)r and discharge certain indebtedness of the grantor, with a condition that if the grantee shall neglect or refuse to pay and satisfy the same, according to his covenant, then it shall and may be lawful for the grantor to take and repossess himself of the premises, the legal title passes to the grantee, and the grantor will not be reinvested with the same, on the failure of the grantee to discharge the trusts, without a re-conveyance.</p> <p>4. Same—acquiescence in conveyance. Where, by the terms of a trust deed, the trustee is empowered to use the avails of the property convex cd in paxmient of the grantor’s debts, the trustee has the implied power to sell and convey the same so as to pass the legal title, and where the trustee makes a deed absolute on its face to secure a creditor, which is in equity a mortgage, if the original grantor acquiesces in the same for a number of years, and until he is declared a bankrupt, it will be a ratification of the trustee’s conveyance.</p> <p>5. Estoppel—by deed confirming trustee's act. Where a trustee, to pay-debts, makes a conveyance of his grantor’s land to a creditor, simply as a security, and, after the death of the original grantor, his heirs unite with tlie trustee in a quit-claim deed to release the equity of redemption to the grantee of the tr