Rodgers v. Kavanaugh
Illinois Supreme Court
It appears by the record, that on the 15th day of December, 1856, Michael McEvoy and wife, conveyed to appellant, by a deed of trust, to secure an indebtedness of $1,000, the following described real estate, to wit: Lots one (1) and two (2), in block twenty (20), in West Joliet, Bluff street; also, forty-five (45) feet of the rear of lots one (1) and two (2), running easterly to the canal tow-path ; being all the lands I own in block twenty (20), West Joliet.
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It appears by the record, that on the 15th day of December, 1856, Michael McEvoy and wife, conveyed to appellant, by a deed of trust, to secure an indebtedness of $1,000, the following described real estate, to wit: Lots one (1) and two (2), in block twenty (20), in West Joliet, Bluff street; also, forty-five (45) feet of the rear of lots one (1) and two (2), running easterly to the canal tow-path ; being all the lands I own in block twenty (20), West Joliet. It further appears, that on the 27th day of April, A. D. 1857, said McEvoy and wife, for the purpose of indemnifying the appellees,…
1Opinion of the CourtWalker, J.
It is not insisted, that appellees had actual notice of the intention of McEvoy to convey a part of lot five, in block sixteen, by the deed of trust executed to appellant, at the time they received their mortgage. But it is urged, that when that deed was placed on record, notwithstanding the description of the property was wholly insufficient to indicate that it had been conveyed, by deed of trust, to appellees, it became notice of the execution of the deed of trust, or was at least sufficient to put the appellees upon inquiry, that would have led to full notice. The description adopted in…
2Cited by5 opinions
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- Langworthy v. GoldenAppellate Court of Illinois · 1888