Whitlock v. Denlinger

Citations

• 59 Ill. 96

Syllabus

<p>1. Purchase money—failure of tille. A purchaser of land, receiving a deed therefor with covenants of title, can not avoid the payment of a promissory note given for the purchase money, on the ground that the grantor had no title, if his-possession has not been disturbed, nor the paramount title asserted.</p> <p>2. The grantee can not retain the benefit of the covenants in the deed from his grantor, and the possession of the premises, and yet avoid the payment of the purchase money.</p> <p>3. Vendor and purchaser—rescission of contract for fraud—placing vendor in statu quo. If a party has been induced, through fraudulent practices of his grantor, to take a title which subsequently fails, he may apply to a court of equity to have the contract cancelled, but before he can do so, he must place the opposite party in statu quo by reconveying the land, or at least releasing the covenants and surrendering the possession of the premises to his grantor. In such cases, equity will not require the purchaser to pay the purchase money, and rely for indemnity on his covenants.</p>