Mansfield v. Alwood

Citations

• 84 Ill. 497

Syllabus

<p>1. Trustee—not chargeable with sale money of land, when contract of sale is rescinded. Where one who holds lands in trust sells the same and receives a portion of the purchase money, and the purchaser afterwards abandons the purchase, and the contract is rescinded, such trustee should not be required, in addition to conveying the land to his cestui que trust, also to account to him for the purchase money he has received on such abandoned contract.</p> <p>3. Same—chargeable with rents and profits. A mortgagee in possession, or a trustee in charge of productive real estate, should be charged with all the rents and profits that he receives, or that by reasonable efforts he could have received.</p> <p>3. Practice in the Supreme Court—examination of master’s report— to what extent. Where exceptions taken to items in an account stated by the master, are overruled, and the evidence taken before the master, as to such items only, is brought before the Supreme Court, the court can pass upon the correctness of such items only; but where all the evidence before the master is brought up, the court will examine it all, and if the account, as stated by the master, is, in the aggregate, correct, it will be approved, although some of the items complained of were improperly allowed.</p>