Clevinger v. Ross

Citations

• 109 Ill. 349

Syllabus

<p>1. Sale under trust deed—of the notice—after promise to make demand before sale. Where the agent of the legal holder of a note secured by deed of trust containing a power of sale, and also agent of the trustee, promised the owner of the land, upon whom rested the duty to pay the note, after its maturity, that it need not then be paid until demand thereafter was made, and that such owner should have personal notice when payment should be required, and the trustee, without any personal notice or demand of payment, at the request of the holder of the note, advertised the property for sale in a newspaper published in a remote part of the county, having but a limited circulation outside of the township where it was published, and a sale was made by the trustee of the land to a son of the legal holder of the note,' and a brother of the trustee, it was held, that the sale was invalid, and was properly set aside at the costs of the defendants.</p> <p>2. In such a case, after having lulled the party who was to pay the note into security, the holder of the note could not, in violation of his promise, proceed to have the mortgaged property sold without personal notice; and the pretended notice by publication was a sheer mockery, and was in fact no notice, the publication being so made as to avoid giving notice.</p> <p>3. Same—setting aside sale on terms—whether redemption will be required. On bill filed to set aside a trustee’s sale of land under a power in a trust deed, on the ground of its having been fraudulently made, in violation of an express promise, and for want of proper notice, there is no error in not requiring the complainant to pay the money necessary to redeem from the trust deed, where no cross-bill is filed by the creditor.</p> <p>4. Notice—by possession of land. The possession of mortgaged premises is notice of the occupant’s equities to a person purchasing the same at a trustee’s sale under a power of sale, and such purchaser takes subject to whatever equi