Wadhams v. Flagler Gay

Citations

• 73 Ill. 415

Syllabus

<p>Í. Agreement—construed as not malting any charge on land. Where, upon the execution of deeds for the partition of lands under a decree of partition, one of the parties executed an agreement to the others, that the land conveyed to him was and should he subject to the interest of his children in (he same under a certain will, and that, the interest of such children under the will should he charged upon the land conveyed to such party, etc., it was held, that this created, of itself, no charge upon the land in favor of the party’s children, and was not designed for their benefit, hut for the benefit of the other parties in the partition.</p> <p>2. Conveyance—inuring of title. Where a party makes a conveyance purporting to convey an estate in fee simple to another, and by decree of court his title is confirmed or perfected, it will pass to his grantee, under the statute.</p> <p>3. Judicial sale—innocent purchaser not affected, by reversal of judgment or decree. If a judgment or decree is reversed the parties thereto are to be restored to their original rights, so far as it can he done without prejudice to the rights of third persons. But the title of third persons to property acquired under an erroneous judgment or decree, is not affected by its reversal.</p> <p>4. Purchaser under decree confirming title. The same principle applies to judgments and decrees which simply declare and vest legal rights in the party claiming the same, where no sale is ordered; and a purchaser from such party, while such judgment or decree remains in full force, upon the faith of its validity, before any writ of error is prosecuted, or other legal steps taken to avoid the same, will not he affected by a subsequent reversal of the judgment or decree, but will be protected in his title, and this though made a party to the proceeding to reverse.</p> <p>5. Decree— against infant is absolute. It is not tlie practice iu this State to make a decree against infants conditional, or to give them a