English v. Lindley
Illinois Supreme Court
Appeal from the Appellate Court for the Third District; — heard in that court on appeal from the Circuit Court of Vermilion county; the Hon. Prank K. Dunn, Judge, presiding.
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Appeal from the Appellate Court for the Third District; — heard in that court on appeal from the Circuit Court of Vermilion county; the Hon. Prank K. Dunn, Judge, presiding. The appellant, Charles L. English, as the trustee in a deed of trust executed August 8, Í895, by Henry Brand on his electric light plant in the city of Danville, brought his bill in the circuit court of Vermilion county to foreclose the deed of trust as a mortgage, and, for alleged fraud, to have two certain deeds of conveyance of said plant, one made by Brand to appellee Prank Lindley on August 9, and the other by…
1Opinion of the CourtJustice Carter
Section 30 of the act concerning conveyances (Hurd’s Stat. 1899, p. 408,) provides: “All deeds, mortgages and other instruments of writing which are authorized to be recorded, shall take effect and be in force from and after the time of filing the same for record, and not before, as to all creditors and subsequent purchasers, without notice; and all such deeds and title papers shall be adjudged void as to all such creditors and subsequent purchasers, without notice, until the same shall be filed for record.” Inasmuch as appellant’s deed of trust had not been filed for record when Lindley…
2Cases cited2 opinions
- Shinn v. ShinnIllinois Supreme Court · 1878
- Peck v. ArehartIllinois Supreme Court · 1880
3Cited by4 opinions
- Union County v. Merscorp, Inc.Court of Appeals for the Seventh Circuit · 2013
- Belusko v. Phillips Petroleum Co.District Court, S.D. Illinois · 1961
- McCandless, Rec'r. v. KlauberSupreme Court of South Carolina · 1930
- Thorne v. ObergAppellate Court of Illinois · 1936