Kruse v. Steffens

Citations

• 47 Ill. 112

Syllabus

<p>1. Administrator—purchasing at his own sale. As a general rule, a person, acting in a fiduciary capacity, cannot be permitted to purchase property at his own sale. And, in such case, it does not matter whether the purchase is in the name of the person conducting the sale, or in the name of another, for his use. And, in such a sale, the law will presume fraud, and the sale will be set aside, at the instance of the party in interest, if he shall apply in reasonable time for that purpose.</p> <p>2. So, where, at an administrator’s sale, the auctioneer at such sale, bids in the premises, in his own name, and subsequently conveys to the administrator the same premises, without consideration, or the execution of notes, with security upon the premises so conveyed, it will be construed as a conveyance by the administrator, to himself.</p> <p>3. Same—of reasonable time for heir to apply to set aside the sale. In this case, the lands were sold August 25, 1855, and the administrator, as purchaser, entered into possession. A short time prior to the sale, the administrator married the widow of the intestate, and was also appointed guardian of the minor heir, then about six years old. On the 14th of August, 1863, the ward married, and in May, 1865, she died, still in her minority, leaving a son, the issue of the marriage, who also died, in September, 1865. On the Tth of April, 1866, the father, as his sole surviving heir, filed his bill to set aside the sale, and the conveyance thereunder : Held., that this was such reasonable time as the law contemplates, within which to commence suit.</p> <p>4. Same—in possession—must account for rents and profits. The administrator in possession as grantee and purchaser, is liable to account for rents and profits, in excess of taxes, necessary repairs, debts of estate paid by the administrator, and other proper charges.</p>