Crocker v. Lowenthal

Citations

• 83 Ill. 579

Syllabus

<p>1. Secondary evidence—-proof of loss and search for original. Where it is shown that thorough search has been made without avail in every place where a trust deed had been kept or was likely to he found, and the witness thinks it has been destroyed by fire, proof of its contents is admissible.</p> <p>2. Deed—of its delivery. It is not always necessary that a deed should he delivered to the grantee to render it binding and obligatory. A delivery to a third party for the benefit of the grantee is conclusive upon the grantor. If the grantor parts with its control, and places it in the possession of another, with the intent and for the purpose of making it effectual and a binding contract, this will be sufficient.</p> <p>3. Trust deed—deliv&ry to cestui que trust sufficient. An actual delivery of a trust deed to the trustee therein named, who has no interest in the trust, is not required, but a delivery to the cestui que trust, together with the notes secured by it, will fully answer the requirements of the law.</p> <p>4. Same—accept a nee of trust. If a trustee named in a deed given to secure the payment of notes acts under it by advertising the property for sale, this will be an acceptance of the trust by him, although he may not have the instrument in his possession.</p> <p>5. Cross-bidi,—on hill to foreclose, by second mortgagee. On bill to foreclose a deed of trust, a party defendant holding a judgment against the grantor, and having a subsequent deed absolute on its face, but in reality a mortgage to secure the payment of a debt, given by the same party on the same and other real estate, being a second mortgagee, will have a clear right to seek affirmative relief in regard to the property sought to he sold under the original hill, and the fact that his mortgage embraces other property will not deprive him of the right to file a cross-hill seeking a foreclosure.</p> <p>6. Same—who may object to filing. The complainant in a bill to foreclose a deed of trust may h