Selected Cases On Real Property. Selected And Arranged for Use in Connection With the Author's Treatise On Real Property

Cover Selected Cases On Real Property. Selected And Arranged for Use in Connection With the Author's Treatise On Real Property
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We have held that this rule appUes as well to bona fine subsequent purchasers from heirs as to purchasers from the ancestor. In Kennedy v.
Northup, 15 111. 148, we said: " During the lifetime of the grantor in an unrecorded deed the apparent title is in him ; and he who purchases in good faith that apparent title, it is conceded on all hands, is protected by the statute. After the death of such original grantor the apparent legal title is in the heir, and the policy of the law, which is to make
... potent all legal titles to land, so far as practicable, that strangers may safely purchase, equally requires that the bona fide purchaser from the heir should be protected." If, therefore, Finnell had purchased said inter- est in good faith from the heirs of Benedict in June, 1873, and had recorded his deed in June, 1873, he would have been protected against the unrecorded deed made in 1848. But, when such heirs are unknown, why should not a subsequent purchaser who acquires their interest, in good faith and without notice, through a statutory proceeding against unknown heirs, be equally protected against the unrecorded deed?

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