Kellogg v. Wilson

Citations

• 89 Ill. 357

Syllabus

<p>1. Administrator’s sale—by delegated 'authority. The authority given an administrator to sell lands to pay debts, is a personal trust, which he has no authority to delegate to another. He may employ an auctioneer to make the sale, but he must be present and direct, superintend and control the sale.* </p> <p>2. Same—right to set aside, lost by laches. If an administrator’s sale of land is made by an agent in the absence of the administrator, the sale may be set aside in equity on application within a reasonable time. A delay of fifteen years after the sale is such inexcusable laches as will prevent relief in equity.</p> <p>3. Allegations and proofs—in chancery. In chancery if a complainant recovers, it must be according to the case and upon the grounds made in his bill. Thus, where an administrator’s sale of land is sought to be set aside on the grounds that the sale was made by an agent in the absence of the administrator, and for fraud in preventing competition among bidders at the sale, the sale can not be impeached for want of jurisdiction in the court to order the sale.</p> <p>4. Judicial sale—satisfactory proof required to set aside after considerable delay. After a delay of eight years, an administrator’s sale of real estate will not be set aside by a court of equity on a charge of fraud in the purchaser in procuring persons not to bid against him, unless a clear case is made by satisfactory proof.</p>