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Simmons v. Stum

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Property Law Keyed to Cribbet

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Bloomberg Law

Citation. 22 Ill.101 Ill. 454 (1882)

Brief Fact Summary. McHenry executed a mortgage to Stum (Plaintiff) in September 1874, which was to secure the payment of seven promissory notes of $100 each due on the 1st of March starting in 1876. Plaintiff brought this complaint to foreclose the mortgage for the non-payment of the note due in 1879. The mortgage was recorded on March 15, 1879, but McHenry conveyed it in 1878 to another and it was subsequently conveyed to the Defendant.

Synopsis of Rule of Law. The instrument recorded first takes priority according to the recording laws.


Facts. McHenry executed a mortgage to Plaintiff in September 1874, which was to secure the payment of seven promissory notes of $100 each due on the 1st of March starting in 1876 and each consecutive March 1st thereafter. Plaintiff brought this complaint to foreclose the mortgage for the non-payment of the note due March 1, 1879. The mortgage was recorded on March 15, 1879, and that previously, on November 7, 1878, McHenry conveyed, with notice of the mortgage, the premises to Cochran and Strong, and that, on March 13, 1879, Cochran and Strong conveyed the premises, allegedly without notice of the mortgage, to Simmons (Defendant). The conveyance to Defendant by Cochran and Strong was without consideration and was allegedly for the purpose of defrauding the Plaintiff. The Plaintiff prevailed at trial and the Defendant appealed.

Issue. Was the Defendant on notice of such facts regarding the transaction as might put a prudent person on inquiry?

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