Grover v. Hale

Citations

• 107 Ill. 638
• 1883 Ill. LEXIS 308

Syllabus

<p>1. Trust deed—sale made by an agent of trustee, invalid and voidable. Where a power of sale is given to a trustee in a deed of trust to sell the premises therein conveyed, upon default of payment of the.money secured thereby, the sale must be made by the trustee, and if made by his agent or attorney, he not being present, it will be invalid as between the immediate parties, and majf be set aside in equity.</p> <p>2. Same—who is a party that may question sale under power in trust deed. A purchaser of the equity of redemption at sheriff’s sale on execution, against the party who had previously given a trust deed on the same property, succeeds to the former owner’s rights after he receives a sheriff’s deed, and may have a sale under the trust deed set aside if it is made by a mere stranger, and not by the trustee.</p> <p>3. Same—who is party to trustee’s sale. If the grantor in a trust deed has disposed of his equity of redemption, he can not be, in any sense, a party to the trustee’s sale, or a sale made by one acting for him, but his assignee will be regarded as such party; and so it would be if both the original parties had assigned their interests.</p> <p>i. Purchaser—who is a bona Jlde innocent purchaser that is entitled to protection in equity. A purchaser of land from one deriving his claim under a trust deed and trustee’s sale to him, before he can defend against a bill filed to set aside the trustee’s sale must make it appear that his purchase was made in good faith and for a valuable consideration, and that the consideration was paid before notice of the defects in the title or irregularity in the trustee’s sale. If the consideration is not paid before notice, he is not an innocent purchaser.</p> <p>5. Same—when chargeable with notice. Where a husband and wife execute a trust deed to secure a debt óf the former, the latter', as a party to the deed, is chargeable with notice that no one but the trustee himself, or his legal representative, has the right to