Parmly v. Walker

Citations

• 102 Ill. 617
• 1882 Ill. LEXIS 70

Syllabus

<p>1. Sale under deed of trust—sufficiency of notice—as to date. A sale of real estate under a deed of trust will not be set aside on the ground that in the notice of the sale no year is named in which the sale is to be made, when the newspaper containing the notice bears the proper date of its issue. The date of the paper will fix the year of the sale with sufficient certainty.</p> <p>2. Same—sale before maturity of debt as originally fixed, in the contract—on default in payment of interest. Where a deed of trust securing a debt, due in five years, provides, that upon default in the payment of interest the principal debt shall, upon the election of the holder of the note, become due, a sale made upon a failure to pay interest for the whole debt before the expiration of the original term of credit, will not be set aside.</p> <p>3. Same—inadequacy of price. The fact that city property was, four years before a sale under a deed of trust, taken as security for @10,000, and three years after the sale sold for @18,200, is not evidence of inadequacy of price in a sale of the premises for about @6000.</p> <p>. 4. Same—misdescription of property in trustee’s deed—correction by trustee. A misdescription of the property sold, in a trustee’s deed, will not affect the validity of the sale fairly and properly made, and the trustee may correct the mistake by making another deed to the purchaser.</p>