Yeck v. Crum

Citations

• 122 Ill. 267
• 14 N.E. 3

Syllabus

<p>1. Mistake—in conveyance of land, being other than the land sold— mortgagee of the grantee without notice. Where a party owning five forty-acre tracts, lying in a line north and south, sold the north forty-acre tract, but by mistake in his deed conveyed the south forty-acre tract, having the same description as the tract sold, except being in another section, and the grantee mortgaged the tract so conveyed to him, and the grantor afterward filed his bill to set aside such mortgage as a cloud on the title of his south forty acres, it was held, that he was not entitled to the relief sought, without showing'that the mortgagee took his mortgage with a knowledge of the grantor’s rights, or under such circumstances as to put him upon inquiry in respect of such right.</p> <p>2. Same—of notice to mortgagee—possession, whether sufficient notice— ■examination of record sufficient. The owner of several forty-acre tracts of land, lying together, sold one of them, but by mistake conveyed another one of the tracts. The grantee took possession of the tract in fact sold, and the .grantor continued in the possession of the tract conveyed. The grantee, in giving a mortgage, described the land as in his deed. Afterward he borrowed §1000 to take up this mortgage, and gave a similar mortgage to secure the same. He informed the second mortgagee that the land was that conveyed to him, and by him mortgaged to the first mortgagee. The second mortgagee examined the record, and found the legal title in such party, subject to the prior mortgage. The second mortgagee knew that the mortgagor resided on one of the forty-acre tracts, and that Ms grantor resided on another, but was not acquainted with their location by their numbers, and had no actual notice of the mistake in the deed: Held, that the mortgagee, in examining the records, exercised all the care and made all the inquiry that could reasonably be expected of Mm, and that he should not lose Ms-debt on account of the mistake in the ori