Welch v. Dutton

Citations

• 79 Ill. 465

Syllabus

<p>1. Conveyance—when legal title subsequently acquired passes to grantee. If a party having the equitable title to land, and being entitled to the legal title, convej-s the same by a quit-claim deed, and subsequently acquires the legal title, it will inure to his grantee.</p> <p>2. Same—doctrine of relation back. Where there are divers acts concurrent to make a conveyance, estate or other thing, the original act will be preferred, and to this the other acts will have relation.</p> <p>3. The fiction of relation is, that an intermediate bona fide alienee of the incipient interest may claim that the patent issued to pass the legal title inures to his benefit by an em post facto operation, and receives the same protection at law that a court of equity could afford him.</p> <p>4. Where the assignee of a certificate of the purchase of school land, the purchase money being all paid, conveyed the premises by quit-claim deed, and, in a few days after, received a patent from the.State, it was held, that the legal title thereby passed to his grantee.</p> <p>. 5. Patent—may be recalled and cancelled before delivery. If a patent is issued to a purchaser of school land, and sent to the school commissioner, who returns the same, requesting a patent to be made to an assignee, there being no delivery of the first, a second patent to the assignee will be good.</p> <p>6. Dower—released by uniting in deed with the husband. A wife may unite with her husband in a deed, after its execution by him, and thus release her dower.</p> <p>7. Sale of ham)—furnishing abstract. Where a contract for the sale of real estate provides that the vendor shall furnish an abstract, and, if it shows a good title, the pa3rments are to be made, etc., if other written evidences furnished in connection with the abstract show a good title, this will be sufficient, although the abstract of Itself failed to show title.</p> <p>8. Siam—when offer to perform is not necessa/ry. Where a purchaser of land notifies the v