after-acquired title doctrine (Illinois) · Go Syfert
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after-acquired title doctrine in Illinois

8 Illinois opinions name it 2 courts 1984–2019 0 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Tompkins State Bank v. Nilesgreen
ill · 1989 · cited in 5 Illinois opinions naming this issue, 2000–2019
2 sentences

2019See Cooper v. Robinson , 302 Ill. 181 , 134 N.E. 119 (1922) ; Gochenour v. Mowry , 33 Ill. 331 (1864) ; Weegens v. Karels , 374 Ill. 273 , 29 N.E.2d 248 (1940) ; Tompkins , 127 Ill. 2d at 217 , 130 Ill.Dec. 207 , 537 N.E.2d 274 (noting that the after-acquired-title doctrine not only applies to warranty deeds but also to mortgages as long as the mortgage instrument contains certain covenants of title). ¶ 44 Although a mortgage may include consideration, it is not a sale, and our courts' prior application of the doctrine to mortgage cases contradicts Kenny's proposed construction of the statute.

2019See Cooper v. Robinson , 302 Ill. 181 , 134 N.E. 119 (1922) ; Gochenour v. Mowry , 33 Ill. 331 (1864) ; Weegens v. Karels , 374 Ill. 273 , 29 N.E.2d 248 (1940) ; Tompkins , 127 Ill. 2d at 217 , 130 Ill.Dec. 207 , 537 N.E.2d 274 (noting that the after-acquired-title doctrine not only applies to warranty deeds but also to mortgages as long as the mortgage instrument contains certain covenants of title). ¶ 44 Although a mortgage may include consideration, it is not a sale, and our courts' prior application of the doctrine to mortgage cases contradicts Kenny's proposed construction of the statute.

45
People v. Jamesongreen
ill · 1994 · cited in 2 Illinois opinions naming this issue, 2019–2019
2 sentences

2019See People v. Jameson , 162 Ill. 2d 282 , 288, 205 Ill.Dec. 90 , 642 N.E.2d 1207 (1994) (providing that when statutory language is susceptible to more than one reasonable interpretation, the statute is considered ambiguous). ¶ 39 2.

2019See People v. Jameson , 162 Ill. 2d 282 , 288, 205 Ill.Dec. 90 , 642 N.E.2d 1207 (1994) (providing that when statutory language is susceptible to more than one reasonable interpretation, the statute is considered ambiguous). ¶ 39 2.

22
The People v. Hairstongreen
ill · 1970 · cited in 2 Illinois opinions naming this issue, 2019–2019
2 sentences

2019See People v. Hairston, 46 Ill. 2d 348 , 353, 263 N.E.2d 840 (1970) ("where a statute has been judicially construed and the construction has not evoked an amendment, it will be presumed that the legislature has acquiesced in the court's exposition of the legislative intent"). ¶ 42 3.

2019See People v. Hairston, 46 Ill. 2d 348 , 353, 263 N.E.2d 840 (1970) ("where a statute has been judicially construed and the construction has not evoked an amendment, it will be presumed that the legislature has acquiesced in the court's exposition of the legislative intent"). ¶ 42 3.

22
Cooper v. Robinsongreen
ill · 1922 · cited in 2 Illinois opinions naming this issue, 2019–2019
2 sentences

2019See Cooper v. Robinson , 302 Ill. 181 , 134 N.E. 119 (1922) ; Gochenour v. Mowry , 33 Ill. 331 (1864) ; Weegens v. Karels , 374 Ill. 273 , 29 N.E.2d 248 (1940) ; Tompkins , 127 Ill. 2d at 217 , 130 Ill.Dec. 207 , 537 N.E.2d 274 (noting that the after-acquired-title doctrine not only applies to warranty deeds but also to mortgages as long as the mortgage instrument contains certain covenants of title). ¶ 44 Although a mortgage may include consideration, it is not a sale, and our courts' prior application of the doctrine to mortgage cases contradicts Kenny's proposed construction of the statute.

2019See Cooper v. Robinson , 302 Ill. 181 , 134 N.E. 119 (1922) ; Gochenour v. Mowry , 33 Ill. 331 (1864) ; Weegens v. Karels , 374 Ill. 273 , 29 N.E.2d 248 (1940) ; Tompkins , 127 Ill. 2d at 217 , 130 Ill.Dec. 207 , 537 N.E.2d 274 (noting that the after-acquired-title doctrine not only applies to warranty deeds but also to mortgages as long as the mortgage instrument contains certain covenants of title). ¶ 44 Although a mortgage may include consideration, it is not a sale, and our courts' prior application of the doctrine to mortgage cases contradicts Kenny's proposed construction of the statute.

22
Robinson v. Chicago National Bankgreen
illappct · 1961 · cited in 2 Illinois opinions naming this issue, 2019–2019
2 sentences

2019Valid Conveyance ¶ 51 Given that the 1981 Deed was not a sale, which both parties have conceded, we must next determine whether the 1981 Deed, which purported to convey the Property to the Ruzicka Land Trust, was a valid conveyance and fell within the scope of section 7 of the Conveyances Act. ¶ 52 A land trust is a "device by which the real estate is conveyed to a trustee under an arrangement reserving to the beneficiaries the full management and control of the property." Robinson v. Chicago National Bank , 32 Ill.

2019Valid Conveyance ¶ 51 Given that the 1981 Deed was not a sale, which both parties have conceded, we must next determine whether the 1981 Deed, which purported to convey the Property to the Ruzicka Land Trust, was a valid conveyance and fell within the scope of section 7 of the Conveyances Act. ¶ 52 A land trust is a “device by which the real estate is conveyed to a trustee under an arrangement reserving to the beneficiaries the full management and control of the property.” Robinson v. Chicago National Bank, 32 Ill.

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Weegens v. Karels neutral
ill · 1940
2 sentences

2019See Cooper v. Robinson , 302 Ill. 181 , 134 N.E. 119 (1922) ; Gochenour v. Mowry , 33 Ill. 331 (1864) ; Weegens v. Karels , 374 Ill. 273 , 29 N.E.2d 248 (1940) ; Tompkins , 127 Ill. 2d at 217 , 130 Ill.Dec. 207 , 537 N.E.2d 274 (noting that the after-acquired-title doctrine not only applies to warranty deeds but also to mortgages as long as the mortgage instrument contains certain covenants of title). ¶ 44 Although a mortgage may include consideration, it is not a sale, and our courts' prior application of the doctrine to mortgage cases contradicts Kenny's proposed construction of the statute.

2019See Cooper v. Robinson , 302 Ill. 181 , 134 N.E. 119 (1922) ; Gochenour v. Mowry , 33 Ill. 331 (1864) ; Weegens v. Karels , 374 Ill. 273 , 29 N.E.2d 248 (1940) ; Tompkins , 127 Ill. 2d at 217 , 130 Ill.Dec. 207 , 537 N.E.2d 274 (noting that the after-acquired-title doctrine not only applies to warranty deeds but also to mortgages as long as the mortgage instrument contains certain covenants of title). ¶ 44 Although a mortgage may include consideration, it is not a sale, and our courts' prior application of the doctrine to mortgage cases contradicts Kenny's proposed construction of the statute.

22019–2019
Gochenour v. Mowry neutral
ill · 1864
2 sentences

2019See Cooper v. Robinson , 302 Ill. 181 , 134 N.E. 119 (1922) ; Gochenour v. Mowry , 33 Ill. 331 (1864) ; Weegens v. Karels , 374 Ill. 273 , 29 N.E.2d 248 (1940) ; Tompkins , 127 Ill. 2d at 217 , 130 Ill.Dec. 207 , 537 N.E.2d 274 (noting that the after-acquired-title doctrine not only applies to warranty deeds but also to mortgages as long as the mortgage instrument contains certain covenants of title). ¶ 44 Although a mortgage may include consideration, it is not a sale, and our courts' prior application of the doctrine to mortgage cases contradicts Kenny's proposed construction of the statute.

2019See Cooper v. Robinson, 302 Ill. 181 (1922); Gochenour v. Mowry, 33 Ill. 331 (1864); Weegens v. Karels, 374 Ill. 273 (1940); Tompkins, 127 Ill. 2d at 217 (noting that the after-acquired-title doctrine not only applies to warranty deeds but also to mortgages as long as the mortgage instrument contains certain covenants of title). ¶ 44 Although a mortgage may include consideration, it is not a sale, and our courts’ prior application of the doctrine to mortgage cases contradicts Kenny’s proposed construction of the -7- statute.3 Thus, we find that section 7 of the Illinois Conveyances Act is not

22019–2019
Kuhn v. Sohns green
ill · 1926
2 sentences

2016Therefore, we will address the merits of Adame’s argument. ¶ 38 The after-acquired title doctrine provides: “If any person shall sell and convey to another, by deed or conveyance, purporting to convey an estate in fee simple absolute, in any tract of land or real estate, lying and being in this state, not then being possessed of the legal estate or interest therein at the time of the sale and conveyance, but after such sale and conveyance the vendor shall become possessed of and confirmed in the legal estate to the land or real estate so sold and conveyed, it shall be taken and held to be in t

2015The after-acquired title doctrine provides: "If any person shall sell and convey to another, by deed or conveyance, purporting to convey an estate in fee simple absolute, in any tract of land or real estate, lying and being in this state, not then being possessed of the legal estate or interest therein at the time of the sale and conveyance, but after such sale and conveyance the vendor shall become possessed of and confirmed in the legal estate to the land or real estate so sold and conveyed, it shall be taken and held to be in trust and for the use of the grantee or vendee; and the conveyanc

22015–2016
Lagger v. Mutual Union Loan & Building Ass'n neutral
ill · 1893
1 sentence

1989(Roderick v. McMeekin (1903), 204 Ill. 625 ; Lagger v. Mutual Union Loan & Building Association (1893), 146 Ill. 283 ; see 4 H.

11989–1989
Roderick v. McMeekin green
ill · 1903
1 sentence

1989(Roderick v. McMeekin (1903), 204 Ill. 625 ; Lagger v. Mutual Union Loan & Building Association (1893), 146 Ill. 283 ; see 4 H.

11989–1989
In Re the Estate of Aylsworth neutral
illappct · 1966
1 sentence

1987However in the case of In re Estate of Aylsworth (1966), 74 Ill.

11987–1987
Hitchcock v. Fortier green
ill · 1872
1 sentence

1987(See Pratt v. Pratt (1880), 96 Ill. 184 ; Taylor v. Kearn (1873), 68 Ill. 339 ; Hitchcock v. Fortier (1872), 65 Ill. 239 .) The defendants who have appealed assert that the facts of this case exclude application of that doctrine, but because we decide for the defendants on other grounds, we need not discuss this question.

11987–1987
Taylor v. Kearn green
ill · 1873
1 sentence

1987(See Pratt v. Pratt (1880), 96 Ill. 184 ; Taylor v. Kearn (1873), 68 Ill. 339 ; Hitchcock v. Fortier (1872), 65 Ill. 239 .) The defendants who have appealed assert that the facts of this case exclude application of that doctrine, but because we decide for the defendants on other grounds, we need not discuss this question.

11987–1987
Pratt v. Pratt neutral
ill · 1880
1 sentence

1987(See Pratt v. Pratt (1880), 96 Ill. 184 ; Taylor v. Kearn (1873), 68 Ill. 339 ; Hitchcock v. Fortier (1872), 65 Ill. 239 .) The defendants who have appealed assert that the facts of this case exclude application of that doctrine, but because we decide for the defendants on other grounds, we need not discuss this question.

11987–1987
Madigan v. Buehr green
illappct · 1970
1 sentence

1984App. 2d 8 , 260 N.E.2d 431 .) Under the doctrine of after-acquired title, the condition precedent, that of Katrina acquiring title, was satisfied upon the vendor becoming possessed of the legal estate.

11984–1984

Statutes the citing opinions construe

IL § 765 ILCS 5/7 (4) IL § 735 ILCS 5/2-1005 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 21 (1945–2026) LA 14 (1958–2025) CA 9 (1995–2025) IL 8 (1984–2019) NM 7 (1994–2019) MS 7 (1973–2019) DC 5 (1992–2013) OK 4 (1981–2005) AL 4 (1985–2012) FL 3 (2015–2017) ND 3 (2011–2015) WA 2 (1918–2008) CO 2 (1983–2021) UT 2 (2012–2013) MI 2 (2007–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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