Roberts v. Fleming

Citations

• 53 Ill. 196

Syllabus

<p>1. Trustee purchasing at his own sale—effect on the rights of the mortgar gor. A trustee under a mortgage containing a power of sale, can not become a purchaser at his own sale, either directly, or indirectly by procuring another person to purchase for his benefit; and if he does so become the purchaser, the rights of the mortgagor will remain precisely the same as though no sale had been made.</p> <p>2. Sale of land en masse, under execution—lapse of time. Where it is alleged that a sale of land under execution, was for an inadequate price, and without proper division, an application to set aside the sale on that ground must be made within a reasonable time. In this case, there was a delay of between seven and eight years, and, after such a lapse of time, the court declined to inquire whether the price bid was inadequate, or whether the sheriff should have sold the property in smaller quantities.</p> <p>3. Mortgagee purchasing in outstanding title. ,v A mortgagee may purchase in an outstanding title, or the equity of redemption, either from the mortgagor, or from a third person who has acquired it by grant, directly from him, or by a purchase under a judgment or decree which was a prior lien to his mortgage, and hold the title absolutely in his own right, where he has made no arrangement with the mortgagor, or any promise, or done any act which would preclude him from so doing. The mere relation of mortgagor and mortgagee will not preclude the latter from so acquiring the outstanding title.</p> <p>4. A mortgagee, under a power in the mortgage, sold the property, but improperly became the purchaser himself, indirectly, through a third person. A part of the same property had been previously sold upon execution, under a prior judgment lien, and the time of redemption allowed to expire, so that the purchaser obtained a sheriff’s deed. The mortgagee, after his sale under the mortgage, purchased in the title to the portion sold under execution, and as to that portion