Simmons v. Stum

101 Ill. 454 (1882)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

McHenry executed a mortgage in favor of Stum (P) in 1874. The mortgage was recorded on March 15, 1879. On November 7, 1878, McHenry conveyed the property to Cochran and Strong, who had actual notice of the existence of P's mortgage. On March 13, 1879, Cochran and Strong conveyed the property to Simmons (D). P sued to foreclose the mortgage, arguing that Cochran and Strong conveyed the property to D, who had no knowledge of the mortgage, without consideration and for the purpose of defrauding P. D claims that she was an innocent purchaser without notice of the mortgage, and should be protected. The lower court found in P's favor, and D appealed.