Eliason v. Wilborn

281 U.S. 457 (1930)

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Nature of the Case

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Facts

Appellants held a certificate of title under the Torrens Act of Illinois. They made the mistake of entrusting that certificate to Napletone who is alleged to have presented it together with a forged conveyance to himself to the Registrar and obtained a new certificate of title on May 19, 1926. Napletone then sold and conveyed to the Wilborns, appellees, whose good faith was not questioned. Wilborns discovered Appellants claim after they bought but before a new certificate was issued and appellants notified the Registrar of the forgery and demanded a cancellation of the deeds and certificates to Napletone and any to the Wilborns. The Registrar refused, and a petition was brought to compel him to do what appellants demanded. That was dismissed. That dismissal was affirmed, and eventually, the case made it to the Supreme Court on grounds that appellants were deprived of their property without due process of law by making the certificate of title upon a forged deed conclusive as to them.