Trust Company of Illinois v. Kenny

Section 7 of the Illinois Conveyances Act is not expressly limited to transactions involving both a sale and conveyance. The after-acquired-title doctrine applies broadly when there is either a sale or conveyance. Deed recorded in 1981, which purported to convey residence to a land trust, was not a sale, but was a valid conveyance under the Act, and the after-acquired-title doctrine was applicable. Land Trust agreement provided that power to convey the residence was reserved solely for the named trustee (a bank), and thus Respondents' attempted to convey property subsequent to 1981 deed were invalid or unenforceable. Thus, court properly found that successor trustee is current title holder. (FITZGERALD SMITH and HOWSE, concurring.)