Tyler v. Massachusetts Mutual Life Insurance

Citations

• 108 Ill. 58
• 1883 Ill. LEXIS 54

Syllabus

<p>1. Trust deed—notice of sale under several trust deeds, one notice sufficient. Where a party gave three deeds of trust, each on a different tract of land, to secure three notes, and the trustee, on default, advertises that he -will sell under each trust deed the land described therein, in one notice, the notice will be good, and the sales made separately will not be set aside for want of separate notices.</p> <p>2. Same—form of trustee’s deed when grantor has parted with his equity of redemption. Where a party, after executing a trust deed to secure the payment of money, conveys his equity of redemption, and the trustee sells the premises, it is not essential that the deed made by the trustee shall purport to convey the interest of the assigns of the grantor. A recital that the trustee conveys “all the estate, right, title, interest, property, claim and demand whatsoever, both in law and in equity, of the said A B,” the grantor, is sufficient to pass all the title and cut off the equity of redemption.</p> <p>3. Same—sale under, not set aside for uswry. If the maker of a deed of trust, and his subsequent incumbrancer, permit a sale of the premises to be made by the trustee for the principal, and usury included, they will be estopped from afterward insisting on usury to defeat the sale. By permitting the sale they will be regarded as assenting to it and the payment of the usury.</p>