ELIASON V. WILBORN, 281 U. S. 457 (1930)

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U.S. Supreme Court

Eliason v. Wilborn, 281 U.S. 457 (1930)

Eliason v. Wilborn

No. 347

Argued April 28, 29, 1930

Decided May 19, 1930

281 U.S. 457


1. Under the Illinois "Torrens" land registration Act, where the owner of registered land entrust his certificate of title to another person, and the latter, by presenting it, with a forged deed, secure from the Registrar, without notice to the owner, a new certificate of title in himself, and thereafter conveys to a bona fide purchaser, purchasing in reliance upon that certificate, such innocent grantee, even after being notified of the fraud, may obtain a valid certificate of title in himself. Held, that, so construed, the Act does not deprive the defrauded land owner of property without due process of law; since the bringing of the land within the provisions of the Act, and subsequent purchases of it subject to those provisions, are purely voluntary. P. 281 U. S. 459.

2. As between two innocent persons, one of whom must suffer the consequence of a breach of trust, the one who made it possible by his act of confidence must bear the loss. P. 281 U. S. 461.

335 Ill. 352, affirmed.

Appeal from a judgment of the Supreme Court of Illinois affirming the dismissal of a petition under the state Torrens Act for the cancellation of certain deeds and certificates of title, and for other relief.

Page 281 U. S. 458

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