Goodell v. Dewey

Citations

• 100 Ill. 308
• 1881 Ill. LEXIS 95

Syllabus

<p>1. Chattel mobtgage—mortgagee may pwrchase at his own sale by consent of mortgagor. A purchase by a mortgagee at his own sale under a chattel mortgage will not be set aside and a redemption allowed, where the sale and purchase were made with the consent of the mortgagor, and under an understanding with him.</p> <p>2. Sale tjndeb poweb in mobtgage—when made to mortgagee by consent will not be set aside. Where the mortgagor and his wife gave the mortgagee an absolute conveyance of the mortgaged premises in full satisfaction of the indebtedness, and the mortgagee, to avoid certain intervening judgment liens, made a sale under a power in his mortgage of the property to one, who immediately conveyed back to the mortgagee, without paying anything on the purchase, and the mortgagee then surrendered the notes and the mortgagor’s deed, and received possession of the premises, and held them without any claim or objection by the mortgagor for over three years, and it appearing that the property was worth but little more than the indebtedness, and no fraud or overreaching being shown, it was held, that a bill to set aside the sale and allow a redemption was properly dismissed.</p>