Simmons v. Stum
Supreme Court of Illinois
101 Ill. 454 (1882)
Relevant factsFree
McHenry (plaintiff) conveyed mortgaged property to Cochran and Strong, who knew of Stum's (defendant) mortgage, before McHenry recorded that mortgage; Cochran and Strong later conveyed the property to Simmons, who claimed her deed was recorded before the mortgage, and when McHenry sued Stum to foreclose for non-payment, naming Simmons and the others as additional defendants, the trial court granted foreclosure in McHenry's favor.
IssueFree
Whether, under Illinois law, an instrument affecting title to real property recorded before a subsequent instrument establishing an interest in the same property takes priority over that subsequent instrument.