Fairman v. Peck
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Samuel M. Moore, Judge, presiding.’ This was a bill in chancery, to have set aside a trustee’s sale made under a trust deed, and to be allowed to redeem.
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Appeal from the Superior Court of Cook county; the Hon. Samuel M. Moore, Judge, presiding.’ This was a bill in chancery, to have set aside a trustee’s sale made under a trust deed, and to be allowed to redeem. The following facts appear: In October, 1856, Harry A. Fairman purchased from Augustus G. Downs and Francis P. VanWyck, for the consideration of $6000, the premises described in the bill of complaint, being three lots on the north-east corner of Wabash avenue and Twenty-third street, Chicago, each fronting 40 feet on the avenue, and being 160 feet in depth. Fairman paid $1050 of the…
1Opinion of the CourtJustice Sheldon
There are three grounds upon which the trustee’s sale is claimed by appellant to be irregular and void: 1. Because the amount of the secured indebtedness was greatly overstated in the notice of sale. 2. Because Downs and Van Wyck having warranted the title, the trustee had no right or power to make a sale of the premises during the existence of the incumbrance created by the Rich trust deed. 3. Because the premises were advertised for sale, and sold as a whole, and not in separate lots or parcels.
It requires - a very close criticism of language to discover that there was any over-statement of…
2Cases cited5 opinions
- Abbott v. AllenNew York Court of Chancery · 1817
- Hamilton v. LubukeeIllinois Supreme Court · 1869
- Martin v. HargardineIllinois Supreme Court · 1868
- Wilson v. South Park CommissionersIllinois Supreme Court · 1873
- Shine v. HillSupreme Court of Iowa · 1867
3Cited by7 opinions
- Kerfoot v. BillingsIllinois Supreme Court · 1896
- Jenkins v. PierceIllinois Supreme Court · 1881
- Hamilton v. RhodesSupreme Court of Arkansas · 1904
- Gilbert v. Fosston Manufacturing Co.Supreme Court of Minnesota · 1927
- Stone v. Missouri Guarantee Savings & Building Ass'nAppellate Court of Illinois · 1895
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