Tuesday, December 24, 2013

Daniels v. Anderson case brief

Daniels v. Anderson case brief summary
642 N.E.2d 128 (1994)

Appellant adjoining landowners sought review of the judgment of the Appellate Court for the First District (Illinois) in a property dispute involving appellee landowner.

Adjoining landowner contended that he was a bona fide purchase of the contiguous parcel, the trial court's award of the contiguous parcel to the landowner should not have included the easement that the adjoining landowner received from the prior owner, and that the landowner had no easement rights under the 1977 contract. The adjoining landowner contended he was a bona fide purchaser. The adjoined landowner had not raised this defense until his appeal.


  • The court determined that he had waived this argument. 
  • The adjoining landowner contended that during the executory stages of a real estate installment contract the buyer could rely solely on the public record and ignore actual notice of an outstanding, unrecorded interest. 
  • The court held this contention was erroneous. 
  • The court determined that the merger doctrine did not bar enforcement of the 1977 contract. 
  • After a review of the record the court determined that justice had been accomplished.
The court affirmed the judgment of the lower court.

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