Ruckman v. Cory

B executed and delivered to C his bond in 1855 or 1856 to convey to him a tract of land for a consideration named. C entered into possession, borrowed money of R, paid the consideration money in full, and made valuable improvements on the place. At C's request the conveyance was made to R, in 1858, to secure him. Four years later R, having in the meanwhile been paid in full by C, conveyed the property to a woman without consideration, and then married her. After some time the married couple separated. The wife then brought ejectment to recover possession from C, (who during the whole time had remained in possession,) and obtained a verdict and judgment on the verdict for possession. Thereupon C took a new trial as of right, under the laws of Illinois, and, in 1883 filed his bill in equity against the wife to compel a conveyance of the land to hun; Held,

(1) That C's remedy was in equity;

(2) That he had not been guilty of such laches as would close the doors of a court of equity against him,

(3) That the evidence in the record was sufficient to support a decree In complainant's favor.

Laches cannot be imputed to one in the peaceable possession of land under an equitable title, for delay in resorting to a court of equity for protection against the legal title; since possession is notice of his equitable rights and he need assert them only when he finds occasion to do so.

A grantee in a deed is not affected by declarations of a grantor, made after the execution and delivery of the deed, unless, with full knowledge of them, he acquiesces in or sanctions them.

Decree for complainant. Respondent appealed. The case is stated in the opinion.

Mr. William M. Springer and Mr. Henry W. Wells for appellant.

Mr. John M. Palmer for appellee.