Darst v. Thomas

Citations

• 87 Ill. 222

Syllabus

<p>1. Fraud—in sale of property mortgaged. Where A conveyed real estate to his -brother, to enable him to raise money on the same and other land, and afterwards the brother reconveyed, subject to a deed of trust given by him, and he afterwards sold the other lands in the deed of trust to B and C, and at the trustee’s sale of the premises B and C procured D, an irresponsible person, to make a sham bid on their part of the land, and then they bid off A’s land, which, with the amount of B’s bid, made $1750 more than the debt secured by the trust deed, and B and C paid all of their bid to the incumbrancer, and D not paying his bid, they advanced the balance due the mortgagee and obtained a release for their land: Meld, that A could recover back the sum out of which he was so defrauded, with interest, on bill against C and D. Having procured a false bid upon which others acted, they were bound to make it good. A, in such case, had his election to sue at law or in equity.</p> <p>2. If one, by fraud, procures a sham bid on his property when offered for sale, by an irresponsible person, and thereby succeeds in having the land of another sold to pay off a portion of the debt he is equitably bound to pay, such injured party may recover back the sum so lost, by him in the sale of his property, or the sum realized by the other, with interest.</p> <p>3. Chancery—finding. Where the evidence is not preserved in a chancery suit, this court must assume the finding of the court below in the decree to be true.</p>