Higgins v. Curtiss

Citations

• 82 Ill. 28

Syllabus

<p>1. Trustee—can not purchase at his own sale. If a trustee in a deed of trust, in disregard of his duty, becomes the purchaser of the property, through another, at his own sale, the cestui que trust may, within a reasonable time after discovering the fraud, repudiate the sale and have the same set aside; and, if he has disposed of it to innocent purchasers, and thus placed it beyond his power to reconvey, he may be required to account for its value.</p> <p>2. Pleading—admission from pleadings in chancery. Where a bill in chancery charged that the defendant, as trustee, having become the owner of the debt secured, became the purchaser at his own sale, through a relative, and the answer, after denying any collusion, generally, between the defendant and the immediate purchaser at the sale, admitted that such purchaser, soon after the sale, conveyed the property to the defendant, and did not set forth that the purchaser actually paid for the property at, or subsequently to, the sale, or that defendant paid him anything for the conveyance: Held, that the answer was a virtual admission that the defendant was, in fact, a purchaser at his own sale.</p> <p>3. Creditor’s bill—judgment may be attacked for fraud. On creditor’s bill to enforce payment of a judgment of the county court allowing a claim against an estate, the administratrix, who is sole devisee, may show that the judgment is fraudulent and inequitable, if she was ignorant of the facts when the claim was allowed. She may contest the judgment the same as an heir on application to sell real estate.</p> <p>4. Judgment—equity will set it aside when fraudulent and there is no laches. Where a claim is allowed against an estate, which is, in fact, paid, but of which fact the administrator is ignorant at the time, he may, on discovering the facts, have the same set aside, in equity.</p> <p>5. Cross-bill—right of defendant to file. On bill by a creditor whose claim is allowed against an estate, to subject certain lands al