Williams v. Rhodes

Citations

• 81 Ill. 571

Syllabus

<p>1. Judicial sale—sale en masse. Unless a sale of real estate en masse, which is capable of division, is shown to have worked an injury by producing less than if sold in parcels, the sale will not he set aside, and the objection, at most, is such as can only be availed of in apt time.</p> <p>3. Executor’s sale—to pay debts. An executor’s sale of real estate, under a decree of court, to pay debts of his testator, can not he impeached or set aside because sold to pay debts not presented and allowed, if he is notified of their existence and they are bona, fide; nor does it matter whether they were secured or not.</p> <p>3. Purchaser—one participating in profits of his own sale. A trustee or executor who becomes a purchaser at his own sale, by an agreement with the purchaser to share in the future profits or losses, is guilty of a constructive fraud, and can obtain only a voidable title; yet, if he acts in good faith to make the property realize all that he can, and more is paid for the property than any one else is willing to pay, the cestui que trust, or devisee, is not injured in fact. If the property produces all that it is worth, and nothing is done to prevent competition in bidding, the fact that the executor is to share in the profits expected from holding the property for future speculation, will not be fraud in fact.</p> <p>4. Same—ratification of sale in ignorance of fact, not binding. If a devisee executes a conveyance of his interest in property sold by an executor, to the purchaser, in ignorance of the fact that the executor was interested in the purchase, it will not have the effect to ratify the sale or estop him from exercising his election to have the sale avoided upon discovering the real facts.</p> <p>5. Admuíisteatioít—erroneous credits in account as evidence of fraud. An account of an executor, made out by his attorney in his absence and without his knowledge, in which he is credited with one or two items not in fact paid, is not sufficient to sho