Fairman v. Peck

Citations

• 87 Ill. 156

Syllabus

<p>1. Trustee’s sale—notice of sale, in respect to amount of debt. Where no statement of the amount of the indebtedness is required in the notice of sale, under a power in a deed of trust, a sale will not be set aside for an over-statement of the amount due in the notice, unless it is fraudulently done, and, it seems, not then if the property has passed into the hands of innocent purchasers.</p> <p>2. Same—prior incumbrance as ground for avoiding sale. Where land is conveyed by warranty deed, and a deed of trust given to secure the unpaid purchase money, the existence of a prior incumbrance on the property is no ground for setting aside a sale under the trust, deed, especially where, no injury is shown to have resulted in consequence, and the property sells for its full value.</p> <p>3. Same—sale en masse. It is only on the ground of fraud, or that some one has been prejudiced by the sale of several tracts of land en masse, that the sale will be set aside in a court of equity because not sold in parcels. If first offered in parcels, without bidders, it may then be sold together.</p> <p>4. Same—setting aside as against innocent purchaser. A trustee’s sale of real estate will not be set aside as against, innocent, remote purchasers without notice, for mere errors and irregularities.</p> <p>5. Notice—from record of deeds. The record of a prior incumbrance, at the time of a sale under a deed of trust., may be notice of the continuance and existence of such incumbrance, but is not any notice that the power of sale might not be properly exercised when made.</p> <p>6. The record of a trustee’s deed, showing the sale of lots together, may be notice that the sale was en masse, but is not notice that such sale was unjustifiable, or that the property was not first offered separately.</p>