Cassidy v. Cook

Citations

• 99 Ill. 385
• 1881 Ill. LEXIS 185

Syllabus

<p>1. Sale under trust deed — sale en masse. A clause in a deed of trust authorizing the trustee to sell the premises “ entire, without division, or in parcels,” as he may “ think best,” will not prevent the owner from insisting that it was the duty of the trustee to offer the property in parcels; and when it is shown that a sale in parcels would have been more advantageous, and that the trustee was requested to offer the property in parcels, a sale en masse will be set aside, on bill by the grantor in the trust deed. Such a clause does not give an arbitrary discretion to the trustee.</p> <p>2. Same — duty of trustee. A trustee’s duties under a deed of trust are not merely formal. It is his duty, in the faithful discharge of his trust, to inform himself as to the condition of the property which he is about to sell, and to adopt that course which in his judgment will bring the highest price.</p> <p>3. Conveyance — description of house and part of lot. Where one building is so constructed upon a lot as to constitute five separate houses, each with a yard and stable attached in the rear, the houses and barns will furnish monuments for boundaries and descriptions in a deed for the same, when sold separately.</p>