Marsh v. Morton

Citations

• 75 Ill. 621

Syllabus

<p>1. Deed op trust—whether notice of sale under several, should he consolidated. Where a debt was secured by nine deeds of trust, which were alike except as to the amount of the note secured and the lot embraced in each deed, the court say they were not prepared to hold that it would have been proper to have consolidated the notices of the sale by the trustee, and held that it was not error, upon the dissolution of an injunction restraining the sale, to allow as damages the cost of printing nine notices of the sala</p> <p>2. Same — trustee’s fees. Where $50,000 was secured by nine different notes and trust deeds on different lots, it was held that $150 trustee’s fees allowed as damages, upon dissolving an injunction restraining the sale, was not an unreasonable charge.</p> <p>3. Same—cost of advertising sale after injunction. Where- a sale under a deed of trust is enjoined, the trustee will have no right to incur expense in advertising an adjournment of the sale in anticipation of the action of the court, and if he does, he will not be entitled to have the same allowed as damages, on the dissolution of the injunction.</p>