, 1874-02-23
!: .:T|'lH:IEr RI COURTS. J! ,
Sales Under. Trust Deeds.


Ono Of tho most important, and an yct undo.
cdod, questions which hare boo.l caused by our
great fire, Is Tint relating to the plnco Of sale
! undor trast-dooas. fSoyon oghthp, purlaapa
oeyc1l7twelftnH, of all tho trust:leedy nlado bo-
foro tho fire provided that sn1c, III case Of do:
fa'ilt Or payment, should ,bo mado nt ,to nortt,
door Of tlo Courthouse. Tho destruction OF
tho Colirt-11ouHo on Washington aud Clars
btrocta, and tho erection Of now ono ou tho
corner of Adams and Lnsallo, has raisod tho
difficult question az to which Ia tho Court
House. tt'ia t,rgod on ono Bido tl,at, tue tod
Court-llouae is lnoant, >aB that was tho only
ono III oxisohco before tho Iro, nnd TINT n
TruHtoo has no - powor to nttor tho
deod, . .l!is poWors being limited. On
tho other -hatld. 1T ia clalnlod that. parties.
IN stating tho Courthouse aH tho place OF sa1e,
only intended to fix d place which would bo pub
lie, and whoro Balo would DO we'll attended, ind
q good price bo obtained OH forced salo, aud
-that tho "new" Court House is now by far tho
most froqucntod aud public. A largo
number OF saos hnro boon made ut both placos
Groat doubt MS tb tho place to bo chosen, Ill
aomo instances, aud q. desire to gain time in
many moro, hayo oauBol BntB to be commenced
by tho lnortgagors to restrain .thogo sales ,llor
trust d A;tloe!ls. alleging tho aboyo arguments.
Ono easo. however, that Of Edward @. .;Wullor
Against Stephen II. Arnold aud Henry. J. .,Sl1o-
don, had d double difficulty :.shollpn
tho Trustoo, to cover oil questions had alyortsel
. salo at both places on tho 30tl. of January,
at tho new Court-IIouHo, aud on tho 31Ht at tho
told place. Waller ilod a bill to restrain both
aafos, alleging, among other things, that tho
trustees powers wero go1c entirely, TINT tho
old Court -Holiso whore tho Aa!o was oovonautcl
to bo mndo DESTROYED, and tllat e IND no
filed an a1aBwer' stating TINT thoir col1rao had
heen pursued to avoid my doubt. giyo d cloar
titlo; md obtain good price. Inusmnch MS
nottltr would no satisfied wlth,lcss thah tho do
was had, when q decree vas rendered by. Judge
Moore porpotually enjoinng sale it tho "now"
Colrt-uonhc, nnd; dissolvlng tho lin junction
fa Mhjeh lad eo3n bs isasa seroe es tG tho old
'plalnant appealed, THUS. by our unique
practice, royiving the injunction, and tho cnao
was prosecuted aud argued ut tho, January. term
just pasacd Of tic Supreme Court.
brief abstract Of tho briefs filed by tho rospootl
ivo particA wilt ba fouud Instructive Afr. Con-
-aidor H. Wallet, counsel for tho appellant, Waller,
says: =
'::To condonse tho >facts to single question,
the record cries ont: = Whwe;:: :undor powers
Of sale in trust docl matlo before tho Chicago
contlagaration, call n .foreclosure by published
notice Of salo tao plNcc, If any, ms to vest tho
grnntor's tlto in the purchaser at such sao ~"
:; One advertisement atates tho old Courthouse,
the othor the. now. 1T must bo determined
whether tile Trustee can act under n power or
must tho ccBtu quo trust invoke judicial aia g
"Tho right Of tho Court. to take Jurisdiction
1aud make tlo Injunction perpetual under tho
~nrat notice, and dissolve it ns to tho scconu),
will not be disputed. Though these eaoa would
DO void, collectively or separately, yet each and
both would cast q cloud upon our title. Tho
trustee Il deed under such tale would be like Il
tue property and depreoiato its yalue. Quo or
two chancory suits might be necessary to learn
tho status of:the title: :" y - - ~''':'
III the execution Of 4 power be prescribed by
particular method, it implies that tho mode
proposed is to bo followed, al,d it contains d
negative upon evory o.hor mode. -
Tho lnnl result Of tAc decisions is Haid to bo
that power OF sale may be oxorciaotl by tho
mortgaGce Whero it is FREQ from doubt. Tic
hqlo must pursue strictly az to tmo aud place
Without much question, it may DO affirmed
that. equity coulA docroo q foreclosure Of this
trust.tloed according to tho stipulation Of it's
powers: Mhotltoncquity could bring tho grant
place Of aa1o, and thon compel tho Trustee to OK
eol1te his power iB questionable Certainly, if
IT, oe 30 hold it must be hold that tho trustee is
to bo treated Us Il special .11astor in Ohnucery,
10y hpA4o AAAHI tAG lIubL-1CGu, II mnHG Ill pur-
stta'ico' Of tho powor. the title Of tho appellant
would ;bo e11ectually divostcd, 70 equity Of re-
dempton remaining to him or to any otlor per-
sons therefore, in'yiew Of Buch conse1uenceB,
ho Eas right to insist upon strict compliance
with tho power. For notice to tho world In tho
nnltor prescribed in tho doet1 is as important to-
tho gra,itor, anl MS much tho object Of recurring
notice at all as notice to him. Equity will pro-
Won't tho Trustee from creatlug II cloud upon up
pollant's land, .evou though his doed Or doeds
No sale could talo place at tho place midway
IN space Whnro tho north door Of tho old
Conrt-Houso waB previous to tho fire. because
Tue destruction Of tho place destroyed tho powor
iackin1g, aud rendered tho remaining clements
and because tho fatal dofoct III tho
power uoea not deprive the ccstui quo trust Of
hia many ramedies both at law and equity. |
THO two north doors Of tue Court-IIou4o on
Adams street. bocausa such place III, not uamol |
IN tho Power; bocauso It did not exist and wnA
not within tho contemplation Of tho parties |
permits tllo Trustee to make n now contract be- |
twoen tho parties; because nuch acts iletend Of |
loing in pursuance of tic power aro arbitrary !
anh discretionary With Tue Trustee and boeAl!so
tha atl Irasse: ~ tn aeo of dolng defined duty
:, On behalf OF tho appellees apd in favor Of
!le validity Of tho Hilo under trlat-doeAs, Mr.
Henry l. Sheldon eayA:
IAo un!y points u1Rputou ~ tlliB Court aro;: il
!. Whether by virtua Of q trust-tloo4l, to /
soouro tho Payment Of niouoy, executed poforo
ho destruction Of tie old .Court-l1ollso III tlio
City Of chtrago, Oct Q, 1871, md nam,ng US tho
pluco OF Balo tho north door Of tho Court
[Iouso Of tho County OF Cook, il tho City Of
Chicago the Trustee can soil at lilo udw biilu-
ng on Adau4, a.reot, now used as Court-Houso,
-baid new building having two north soorH,-
sud Nh undostroycd wing OF tho old Court -Honao
but which las no north door) belng still par
July occupied for some Of tho purposes OF
!"
"2. WAetlor by such clause tho trustors
nto1tled . particular point in space, and, il no.
Yhcttor the Trustee may still sell at that place
lie apot being ascortainablo anl accessible,
"3. Whether tho destruction OF tlla building
Destroyed tho power 0f salo, and tho parties must
20 into cl!ancory for rollof. .:'
1t IL proper ut n, early point In this arg,,.
mont to call tho attention Of tllo Court to tho I'M.
'ortant part performed by our ordinary trust
toouh IN the development aud advancement OF |
lug at@to Of 1ilinoiu. There Is sompthing moro
o bo considered in this caae than tho 'toohnirnl
na Atixiosla limitation Of tho powors of q Trry-
90. l1ow IL it that i'll tho rapid material do.
OF tho Northwest tho Htate Of Illinois
laB 30 {ar ontstrippol It'd noighbors : 1t las to-
Ivy tho largost population, tho most acot,mulat-
d. woath mud Tie most commercial 1,roBnerity.
t has tho greatest number Of miles or rallroad
Il any Stato IN tho Union. Yot in its googranhi-
al conncctlons,ith climatic pt|uoncos ita general