Weld v. Rees

Citations

• 48 Ill. 428

Syllabus

<p>1. Deed of trust—sale under—notice. Where a deed of trust declared that, in case of default in the payment of the debt, the trustee might sell the trust property “ after publishing a notice in a newspaper published in the city of Chicago, ten days before the day of such sale,” and the first insertion of a notice was in a daily paper, published twelve days before the sale, excluding the latter day, in each daily paper during the time, but no papers were issued on the intervening Mondays: Held, that the requirements of the law were observed, and there was the required notice. The case of Seammon v. City of Chicago, 40 Ill. 146, is unlike this case, and does not control it.</p> <p>2. Same—sale by trustees. Where a deed of trust is to two trustees, and authorizes either to sell upon default in payment of the debt, and both joined in giving notice and in executing a deed to a purchaser, although but one attended and conducted the sale, the power was well executed, and there was no deviation from the terms of the trust deed.</p> <p>3. Same—pi'ior mortgage for same debt. Where a party owed another and executed a mortgage to secure its payment, which was recorded, and the debtor subsequently executed a deed of trust on the same land to secure the same debt, which was also recorded, and on a default the trustees sold the premises, the record of these instruments was notice to the world that they were to secure the same debt, and the trustees were not required to give notice that the debt was the same, and no person could have been misled by a failure to give such notice.</p> <p>4.. Same—purchase by agent of the creditor. Where the agent of the creditor bid off the property in his own name at the trustees’ sale, paid no part of his bid, received a deed and conveyed the premises to his principal: Held, that this was not irregular, as it would be an idle ceremony to have paid his principal’s money to the trustees and then for them to have paid it back to the creditor. The la