Wilson v. South Park Commissioners

Citations

• 70 Ill. 46

Syllabus

<p>1. Fraud—delivering deed in blank. The delivery of a deed in blank, by which to obtain money of one not informed of the fact that it is in blank, affords strong evidence that a gross and palpable fraud was intended, which will make all the parties to the fraud liable in an action for the damages resulting.</p> <p>8. Criminal law—-filling blanks in deed without a power of attorney. The filling up of the blanks in a deed signed by the grantor, with the name of a grantee, and a description of land, without authority, is a criminal act, and makes the party so offending liable to a prosecution for forgery.</p> <p>3. Deed—if blanks are filled without aufíiority, it will be void. If a deed has no description of any land or the name of any grantee, but is in blank, except the names of the grantors, and the blanks are afterwards filled so as to show a grantee and a description of land, without authority, it will be void.</p> <p>4. Witness — credibility. Where an officer, who has certified to the acknowledgment of a deed by husband and wife in proper form, testifies that the wife was not present, and did not acknowledge the same, his testimony will be entitled to but little weight against his certificate.</p> <p>5. Deed of trust—conveyance by trustee passes legal title without regard to notice of sale. A conveyance of land by a trustee, with, or even without notice, as required in the deed of trust, will pass the legal title to his grantee, and, until a redemption is had, he will hold it, and may set it up in defense of an action of ejectment.</p> <p>6. Same—innocent purchaser may rely on recitals in trustee's deed as to notice of sale. Where land sold by a trustee under a deed of trust has passed into the hands of an innocent purchaser, and the trustee’s deed recites a compliance with all the requirements of the trust deed, as to the giving of notice, etc., such purchaser is not bound to go behind the deed to learn whether its recitals are true or not. The remote purchase