Farrar v. Payne

Citations

• 73 Ill. 82

Syllabus

<p>1. Trust deed—impeaching sale under, for insufficiency of notice. Where a power of sale was given in a trust deed upon default of payment, after homing advertised such sale ten days in a public newspaper published in Chicago, and the only evidence to show an insufficient notice was a recital in the trustee’s deed that he had duly advertised the property for sale “ by publishing a notice in a newspaper published in the city of Chicago aforesaid, ten days before the day of such sale, in the manner prescribed in and by said mortgage deed: ” Held, that this recital was not sufficient evidence to impeach the sale, on bill in equity, after the lapse of fifteen years, and after the rights of purchasers had attached, by excluding tire idea that the sale was advertised for ten days, as required by the trust deed.</p> <p>2. Where the regularity of a sale under a trust deed is attacked fifteen years after it happened, and the land has passed into the hands of remote purchasers, the sale should not be defeated because the trustee, in the recitals of his deed of the notice given by him of the sale, may have employed language which fails in precision, or is ambiguous; but it must _be made to appear, with reasonable certainly, that the requisite notice was not given.</p> <p>3. Same—effect of trustee purchasing at his own sale. The fact that a trustee is a purchaser, through another, at his own sale, will not render the sale void. It is only ground for setting aside the sale in equity while in the trustee’s hands, but not after its transfer to a bona fide purchaser without notice of the equity.</p> <p>4. BtJ>mrfeffect of purchaser transferring note and trust deed. Where the progegfls of the sale of land amount to less than the note secured, the transfer- of it, without any credit being indorsed, and the deed of trust, by the purchaser, on a conveyance of the premises by lxim, affords no ground for setting aside the sale otherwise fairly made, and the grantee will not be estopped