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28 Ill. 319

Scarlett v. Gorham

Illinois Supreme Court

Decided April 15, 1862

Illinois Supreme Court · decided 1862-04-15

This bill of complaint, filed October 15,1857, by the complainants against Stephenson alone, prays to set aside a conveyance made by Gorham, one of the complainants, to said Stephenson, of certain lands in Kaneville, Kane county, on the ground of fraud, or fraudulent representations, on the part of Stephenson, in obtaining such deed; and that the title to said lands may become again vested in the complainants.

Decided 1862-04-15

Catón, C. J.

¶1There was an abundance of fraud proved in this case to vacate the sale, and compel a re-transfer of the title, if the fraudulent party alone were to be affected by it. But here the rights of an innocent bona fide purchaser intervene. The title of the present owner relates back to the time when the payment became a lien upon the premises; at that time the bill had not been filed, even if the doctrine of notice by Us pendens, were extended, so as to affect those who claim under parties, who were not parties to the bill.

¶2The decree must be reversed, and the ‘bill dismissed.

¶3Decree reversed, and bill dismissed.

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