Hall v. Towne

Citations

• 45 Ill. 493

Syllabus

<p>1. Chancery—pleadings in—allegations and proofs must correspond. If a complainant in chancery recover at all, he must recover upon the case made by his bill. The allegations and proofs must correspond.</p> <p>2. Same — decree in—must conform to prayer of the hill. And where a bill contains no prayer for an account of rents and profits, it is error to render a decree therefor. The decree must conform to the prayer of the bill.</p> <p>8. Judicial sales—the power of sale conferred in a mortgage must he strictly pursued. The power of sale conferred in a mortgage must be strictly pursued as to the time and place stipulated in the instrument, otherwise a sale under it will be void.</p> <p>4. Same—who cannot become purchasers at. A mortgagee, his agent, assignee, or a trustee, cannot become a purchaser at a sale of the mortgaged premises, without an agreement to that effect contained in the instrument.</p>