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Eliason v. Wilborn, 281 U.S. 457 (1930)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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
APPEAL FROM THE SUPREME COURT OF ILLINOIS.
Syllabus
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. 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. 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.
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Chicago: U.S. Supreme Court, "Syllabus," Eliason v. Wilborn, 281 U.S. 457 (1930) in 281 U.S. 457 281 U.S. 458. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=FSWRINGQGYD9T1H.
MLA: U.S. Supreme Court. "Syllabus." Eliason v. Wilborn, 281 U.S. 457 (1930), in 281 U.S. 457, page 281 U.S. 458. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=FSWRINGQGYD9T1H.
Harvard: U.S. Supreme Court, 'Syllabus' in Eliason v. Wilborn, 281 U.S. 457 (1930). cited in 1930, 281 U.S. 457, pp.281 U.S. 458. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=FSWRINGQGYD9T1H.
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