St. Joseph Manufacturing Co. v. Daggett

Citations

• 84 Ill. 556

Syllabus

<p>.1. Power op sale—of the notice of sale. Where the requirement of the power of sale in a mortgage is, that ten clays’ notice of the sale shall he given, it will he sufficient, if the notice is published in a daily newspaper, and the first insertion thereof is not less than ten days-before the sale. It is not necessary that ten days shall intervene between the last insertion and the day of sale.</p> <p>2. Same—character of paper in which notice is published. Where the power of sale in a mortgage authorizes a sale in a certain event, upon ten days’ notice in a newspaper of a certain city, no proof will be required of the notoriety or the extent of the circulation of the paper in which such notice is published, to sustain the sale.</p> <p>3. Mortgage—when sale must first be made of part not alienated. If a party is equitably entitled to have a part of mortgaged premises, not alienated by the mortgagor, 'first sold under a power in the mortgage, he must apply to a court of chancery before the sale, and if he does not, the sale can not be set aside as against a bona fide purchaser.</p> <p>i. Deputy clerk—not estopped by acts of his principal. A deputy circuit clerk has no independent authority as such, and is under no legal obligation to discharge any duty except under the direction of his principal, and therefore is not estopped from questioning the title of a party under-execution issued more than a year after the last day of the term at which judgment was rendered, when such deputy neglected to issue the execution in proper time, under the directions of his principal, without notice of his bad faith.</p> <p>5. Sale under power—whether induced by fraud. The fact, that one joint maker of a note secured by mortgage, upon the refusal of his comaker to pay his part of an installment due, refuses to pay his part, and suggests a sale under the power, is not evidence of his fraudulently procuring a foreclosure of the mortgage.</p> <p>6. Lis pendens—-judgment is not as to t