Cunningham v. Thornton
Appellate Court of Illinois
Appeal from the Circuit Court of Peoria County; the Hon. T. M. Shaw, Judge, presiding. ’ The facts presented by this record are as follows: Alvah Moffit and wife, on May 24, 1867, conveyed, by warranty deed to John Thornton, for the consideration of §400, the following described parcel of land, to wit: “A part of the E. of the 27. E. \ of Sec. 13, town 8, 27. of E. 7, E. of 4th P. M.; beginning at the 27. W. corner of said tract, thence S. 830 feet, thence E. 140 feet,…
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Appeal from the Circuit Court of Peoria County; the Hon. T. M. Shaw, Judge, presiding. ’ The facts presented by this record are as follows: Alvah Moffit and wife, on May 24, 1867, conveyed, by warranty deed to John Thornton, for the consideration of §400, the following described parcel of land, to wit: “A part of the E. of the 27. E. \ of Sec. 13, town 8, 27. of E. 7, E. of 4th P. M.; beginning at the 27. W. corner of said tract, thence S. 830 feet, thence E. 140 feet, thence E. 66 feet across the railroad track, thence S. on the east side of said railroad land 930 feet to the bank of the…
1Opinion of the CourtLacey, J.
The only question raised by this record is as to the priority of the various incumbrances of the appellants and the appellee.
It is admitted by appellee in his brief that “the evidence does not show appellants had any actual knowledge of the trust deed of appellee atthe time they took their several trust deeds and mortgages.” The only question, therefore, is whether the appellants, at the respective times when they took their several trust deeds and mortgages, were chargeable with constructive notice of the existence of the appellee’s trust deed.
Two propositions are claimed on the part of the…
2Cases cited10 opinions
- Kurtz v. HibnerIllinois Supreme Court · 1870
- Decker v. DeckerIllinois Supreme Court · 1887
- Dexter v. HarrisU.S. Circuit Court for the District of Rhode Island · 1822
- Manly v. PetteeIllinois Supreme Court · 1865
- Bowen v. AllenIllinois Supreme Court · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lanphier v. DesmondIllinois Supreme Court · 1900
- Olsen v. Heaver (In re Heaver)United States Bankruptcy Court, N.D. Illinois · 2012
- Desmond v. LanphierAppellate Court of Illinois · 1899