Waller v. Arnold

Citations

• 71 Ill. 350

Syllabus

<p>1. Trust deed—of the power of sale therein. The power of sale contained in deeds of trust must be strictly pursued, and the utmost fairness: must be observed in the execution of the power, but such strictness and literal compliance as would destroy the power should not be exacted.</p> <p>2. Same—place of sale. Where the place of sale named in a deed of trust is at the “north door of the court house,” it is not essential to the validity of a sale made under it, that it should be in or at the north door of the court house as it was constructed at the time of executing the deed. If the court house then standing should be destroyed by fire, and a new one erected on the same location, the sale could be made at the north door of the new court house.</p> <p>8. And where the court house has been partially destroyed by fire, the sale can properly be made at the ruins of the north door. The essential element in the power is, that the place of sale is rendered certain by the description, and whether the same door, or a new one, or none at all, is at the place at the time of sale, is1-wholly immaterial.</p>