Osin v. Johnson
Brief

Citation22 Ill.243 F.2d 653, 100 U.S. App. D.C. 230 (D.C. Cir. 1957) Brief Fact Summary. The Appellant, Osin (Appellant), agreed to sell a parcel of land to the Appellee, Johnson (Appellee) and to that end executed and delivered a deed, taking back a note for $30,000 representing the purchase price. The Appellee fraudulently represented to the Appellant that he would prepare, execute and record a trust on the property to secure the Appellee’s purchase money note, which the Appellee failed to do. The Appellee later borrowed $11,000 against the property by executing deeds of trust on th ...

Wineberg v. Moore
Brief

Citation22 Ill.194 F. Supp. 12 (N.D. Cal. 1961) Brief Fact Summary. In this case, the Plaintiff, Wineberg (Plaintiff), sued to quiet title and for other relief to 880 acres of land, which the Plaintiff alleged that he purchased from Barker in May 1948 for $6,000. However, the Plaintiff failed to record his deed until May 1951. In the interim between the Plaintiff’s purchase and recording, Barker made a contract for the sale of timber on the land to the Defendant, Construction Engineers (Defendant No. 1), the contract recorded in 1950. In 1951 Barker sold the property again deeding the ...

Eastwood v. Shedd
Brief

Citation22 Ill.166 Colo. 136, 442 P.2d 423 (1968) Brief Fact Summary. In this case, Cleo Alexander (Alexander) on December 2, 1958, made a gift of property to the Defendant, Shedd (Defendant), who did not record the deed until October 16, 1964. On October 15, 1963, Alexander gift deeded the same property to the Plaintiff, Eastwood (Plaintiff), who recorded her deed on October 23, 1963. The Plaintiff had no actual nor constructive knowledge of the deed to the Defendant until the deed to the Defendant was recorded a year after the Plaintiff recorded her deed. The Plaintiff brought suit agains ...

Strong v. Whybark
Brief

Citation22 Ill.204 Mo. 341, 102 S.W. 968 (1907) Brief Fact Summary. In this case, Seth Hayden conveyed the same land to two separate persons. Synopsis of Rule of Law. Courts have repeatedly held that if the subsequent purchaser either had notice of the prior unrecorded deed or if he was a purchaser without having paid good and valuable consideration for the land, then he would take nothing by his purchase and deed. ...

Gabel v. Drewrys Limited, U.S.A., Inc
Brief

Citation22 Ill.68 So. 2d 372 (Fla. 1953) Brief Fact Summary. In this case McCaffrey, a beer distributor indebted to Drewrys Limited, U.S.A., Inc., (Drewrys) a supplier, made a mortgage to the Appellant, Gabel (Appellant) for $2,750, which went unrecorded and then a mortgage to Drewrys in the amount of $10,000 on the same property. Synopsis of Rule of Law. If the mortgage has been taken to secure an existing debt and no new contemporaneous consideration passes, either of benefit to the mortgagor, or to the detriment of the mortgagee, then the mortgagee does not become a purchaser. ...

Mortensen v. Lingo
Brief

Citation22 Ill.99 F. Supp. 585, 13 Alaska 419 (D. Alaska 1951) Brief Fact Summary. On February 20, 1941, McCain conveyed real property to Anglin. The deed was recorded in the office of the recorder for the Anchorage recording district, but was not indexed as the statute directed. Then, in 1947, McCain conveyed the same property to Defendant, who then conveyed the land to the Plaintiffs who allege that Anglin threatens to evict Plaintiffs. Synopsis of Rule of Law. All the prescribed steps, including indexing, had to be performed before the record could constitute constructive notice. ...

Simmons v. Stum
Brief

Citation View this case and other resources at: 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. ...

Stone v. French
Brief

Citation View this case and other resources at: Brief Fact Summary. Luther French (Plaintiff) brought an action for the partition of 200 acres of land against John Stone (Defendant) and others. The land in question was supposed to transfer upon the death of the owner, but the deed was never actually delivered. Synopsis of Rule of Law. The holding of an executed deed, which is to pass to another only at the death of the grantor, is ineffective for lack of delivery. ...

Earle v. Fiske
Brief

Citation View this case and other resources at: Brief Fact Summary. Nancy Fiske owned land, which she conveyed to her son, Benjamin, and his wife, Elizabeth Fiske by deed dated April 22, 1864, but not recorded until 1867. The deed reserved a life estate in Benjamin and Elizabeth, and a remainder in fee to Mary Fiske. Synopsis of Rule of Law. Although an unrecorded deed is binding upon the grantor, his heirs and devisees, and also upon all persons having actual notice of it, it is not valid and effectual as against any other persons. As to all such other persons, the unrecorded deed is a m ...

Mugaas v. Smith
Brief

Citation22 Ill.33 Wn.2d 429, 206 P.2d 332 (1949) Brief Fact Summary. Mugaas (Plaintiff) brought an action to quiet title to a strip of land he claimed by adverse possession and to compel Smith (Defendant) to remove any buildings constructed thereupon. The Plaintiff relied on a fence built in1910 and maintained until 1928 which clearly enclosed the disputed land in favor of Plaintiff’s parcel. The fence disintegrated over time and the Defendant took title in 1941 under a deed, which recited that his parcel included the disputed strip of land. Synopsis of Rule of Law. A conveyance of r ...

Mountain States Telephone & Telegraph Co. v. Kelton
Brief

Citation22 Ill.79 Ariz. 126, 285 P.2d 168 (1955) Brief Fact Summary. A telephone company brought an action against property owners and a contractor (Kelton) for damage to an underground cable laid across land under a perpetual easement, which had been duly recorded. The property owners were found negligent in failing to take proper precautions. Synopsis of Rule of Law. The court cited the Pennsylvania case of Maul v. Rider, 59 Pa. 167, which held that, “It is sometimes said that the record of a deed is constructive notice to all the world. That, it is evident, is too broad and unqual ...

Walters v. Tucker
Brief

Citation22 Ill.281 S.W.2d 843 (Mo. 1955) Brief Fact Summary. The Plaintiff and Defendant are neighbors. Plaintiff sued to quiet title to property. Plaintiff claimed that their deed which that provided “[w]est 50 feet of lot 13” meant that the 50 feet should be measured in accordance with the width of the lot. The Defendant claimed that the 50 feet referred to frontage along a road, which would make the Plaintiff’s land only about 42 feet wide. Synopsis of Rule of Law. When there is no inconsistency on the face of a deed and, on application of the description to the groun ...

Pritchard v. Rebori
Brief

Citation22 Ill.135 Tenn. 328, 8 Thompson 328, 186 S.W. 121 (1916) Brief Fact Summary. Rebori (Defendant) conveyed land to Pritchard (Plaintiff) along with a covenant against incumbrances. When Plaintiff began construction of a warehouse in accordance with the specific legal description in the deed from Defendant, the Southern Railway Company notified Plaintiff that his construction was encroaching on a pre-existing right of way easement in favor of the railway. Synopsis of Rule of Law. The general rule is that in determining boundaries resort is to be had, first, to natural objects or land ...

Womack v. Stegner
Brief

Citation22 Ill.293 S.W.2d 124 (Tex. Civ. App. 1956) Brief Fact Summary. D.R. Womack (Plaintiff) claimed title to land that he had received from his deceased brother, W.B. Womack. The deed authorizing the conveyance contained a blank for the name of the grantee. W.B. Womack died testate and under his will the property would have passed to his wife, Louise Womack. Louise Womack died prior to the filing of this suit and under her will the property in question would have passed to her brother, Harold Stegner (Defendant). Synopsis of Rule of Law. Under Texas law, when a deed with the name of th ...

Clevenger v. Moore
Brief

Citation22 Ill.1927 OK 260, 126 Okla. 246, 259 P. 219 Brief Fact Summary. Clevenger (Plaintiff) owned a building in Bartlesville, Oklahoma, which she considered trading to Simmons for an apartment building. Peay, acting as an intermediate, took a deed to Simmons, which Peay was to hold pending Plaintiff’s investigation of Simmons’ Tulsa property. Synopsis of Rule of Law. No title will pass by a deed, which is not delivered by the grantor or someone duly authorized by him. ...

Bybee v. Hageman
Brief

Citation Brief Fact Summary. Hageman (Plaintiff) sued to foreclose a mortgage. A second mortgage was made on the property to Manly, who assigned the second mortgage to Bybee (Defendant). Defendant contended that the description of the first mortgage of the property was insufficient to put Manly on notice of the first mortgage. Synopsis of Rule of Law. The ambiguity was a latent ambiguity because the county in which the land was situated had more than one section five. The Court found that the ambiguity was susceptible to more than one explanation. ...

French v. French
Brief

CitationBrief Fact Summary. A conveyance from son (Plaintiff) to father (Defendant) of a life estate in favor of the Defendant was challenged as being statutorily insufficient as being attested by only one witness when the statute required two witnesses. Synopsis of Rule of Law. Under the statute of uses, 27 Hen. VIII. Cap.10, “where any person stands seised of any lands to the use of any other person by reason of bargain, sale or feoffment, such person that have any such use shall be deemed and adjudged in lawful seisen, estate and possession thereof, to all intents and purposes.R ...

First National Bank of Oregon v. Townsend
Brief

Citation22 Ill.27 Or. App. 103, 555 P.2d 477 (Ct. App. 1976) Brief Fact Summary. In this case, a deed was found unrecorded in the grantee’s personal effects after the death of the grantee. The deed was recorded by the Plaintiff, Townshend (Plaintiff), the personal representative of the grantee’s estate. The grantor was also deceased and had no heirs. The State of Oregon was the interested party on the grantor’s behalf, due to escheat. The deed was titled, “Warranty Timber and Mineral Deed,” but was confusing as to what the deed intended to convey (whether a tim ...

Grayson v. Holloway
Brief

Citation22 Ill.203 Tenn. 464, 313 S.W.2d 555 (1958) Brief Fact Summary. There was a conflict between clauses in a deed when the granting clause of the deed listed the only grantee as the husband, and the “habendum” clause named grantees to be husband and wife, their heirs and assigns forever, which would have created a tenancy by the entirety. Synopsis of Rule of Law. The court found that the lower court had a duty to construe the deed by giving effect to all its parts and thus determine the true intent of the grantors. ...

State ex rel. Indiana State Bar Association v. Indiana Real Estate Association, Inc
Brief

Citation22 Ill.244 Ind. 214, 191 N.E.2d 711 (1963) Brief Fact Summary. The State Bar Association of Indiana brought a complaint against the Real Estate Association of Indiana and realtors in the state claiming that the realtors’ practice of filling in blanks on legal forms constituted the unauthorized practice of law. Synopsis of Rule of Law. Generally, the filling in of blanks on legal instruments, prepared by attorneys, which require only the use of common knowledge regarding the information to be inserted in the blanks and general knowledge regarding the legal consequences involve ...

Tristam’s Landing, Inc. v. Wait
Brief

Citation22 Ill.367 Mass. 622, 327 N.E.2d 727 (1975) Brief Fact Summary. A real estate broker sought to recover a commission for a sale of real estate, which the sale was not consummated. Synopsis of Rule of Law. The general rule regarding whether a broker is entitled to a commission from one attempting to sell real estate is that, absent special circumstances, the broker is entitled to a commission if he produces a customer who is ready, willing and able to consummate the deal under the terms and price given the broker by the owner. ...

Bleckley v. Langston
Brief

Citation22 Ill.112 Ga. App. 63, 143 S.E.2d 671 (Ct. App. 1965) Brief Fact Summary. Plaintiffs entered into a contract for the purchase of land. On the following day, an ice storm destroyed a great deal of the property, reducing the value of the land. Plaintiffs notified Defendants that they had elected to rescind the contract and demanded return of the money. Defendants refused to rescind the contract. Synopsis of Rule of Law. The prevailing law in is that the risk of loss is normally on the buyer. ...

Sanford v. Breidenbach
Brief

Citation22 Ill.111 Ohio App. 474, 173 N.E.2d 702 (Ct. App. 1960) Brief Fact Summary. Sanford agreed to sell land and a house to Breidenbach, but prior to the consummation of the transfer of legal title, the house was destroyed by fire. Synopsis of Rule of Law. The risk of loss should be on the vendor until the time agreed upon for conveyance of the legal title, and thereafter on the purchaser, unless the vendor is then in such default as to be unable specifically to enforce the contract. [4 Pomeroy’s Equity Jurisprudence (5 Ed.), Section 1161a]. ...

Raplee v. Piper
Brief

Citation22 Ill.3 N.Y.2d 179, 164 N.Y.S.2d 732, 143 N.E.2d 919 (1957) Brief Fact Summary. While Plaintiff was in possession as vendee under the contract, a fire occurred, defendant vendor received $4,650.00 under the fire loss policy, premiums for which had been paid by Plaintiff. Plaintiff tendered to Defendant the difference between the amount actually unpaid on the contract and the insurance proceeds, but Defendant refused Plaintiff’s demand for credit on the purchase price. Synopsis of Rule of Law. When a land purchase contract requires the vendee to keep the property insured agai ...

Shay v. Penrose
Brief

Citation22 Ill.25 Ill. 2d 447, 185 N.E.2d 218 (1962) Brief Fact Summary. Mrs. Shay was in the process of selling four tracts of land under installment contracts when she died intestate and an action for partition was taken. The trial court denied partition based on the doctrine of equitable conversion. An appeal was taken. Synopsis of Rule of Law. When the owner of land enters into a valid and enforceable contract for its sale he continues to hold the legal title, but in trust for the buyer. The buyer becomes the equitable owner and holds the purchase money in trust for the seller/ owner. ...