Page:Federal Reporter, 1st Series, Volume 7.djvu/19

 oaaw ». HTijAN. V �Go. Id, 498 ; Rallroad Co. r. McComb, 17 elatchf. Sll'-, Cookt v- Migman, Id. 462 : Forrett v. JP««i«r, Id. 522; Ba/rney v. Latham, SupremejQotirtiD, 8., April 18, 1881, notyet reported., (see 102 U; ^.-^ Blqke^ v, MeKim,&yi- preme Court U. 8., May 2, 1881, not yet reported, dccided since the lore- £oing opinion was delivered. ���Cbbw and others ». Hymaji, and others. �, {Circuit Oouri^ If. J). lUinoia. Aprii 21, 1881.) �1. Trust Dbed— Poreclobitre— Paetieb. ; i �Devisees, holding the fee in an equity of red^rpiption, are necessaiy parties to a suit to foreclose a trust deed by a Judicial sale of the land under the decree of a court of equity. �2. PoitEE OF Power — Pee. �A power to liell in his own discretion, kr(\ re-invest, during the minority of devisees, does not vest an execUior ivith the fee of the land. �S. THnsT Dbbd— Jtohcial Sam!. �A sale under a decree of court ia judicial, when such sale is not made exclusively under the powers of a trust deed. �4. SAMB— POBECLOSDEE SaLE — RATIFICATION. �An executer, empowered to sell for the purpose of re-investment, cannot bind devisees holding the fee in an equity of redemption, by the ratification of a foreclosure sale to which they were not parties, —[Ed. �In Equity. Bill to Eedeem. �Blodgett, D. J. By this bill the complainants seek to redeem the lands in question from a trust deed given as security for the payraent of money. The material facts, ■ as they appear in the record, are that, on and before the six- teenth of Pebruary, 1859, one William F. Johnston was seized in fee of the undivided half of section 21, town 39 north, range 13 east, situate in Cook county, in this state, and on that day made a deed of the premises in fee to John V. Lemoyne, in trust, to seeure the payment of the bond of Johnston to Susan C.Williams, for $4,500, mth po-wer to the trustee, in case of default in the payment of the indebt- ness, to sell said premises at public vendue, after giving ��� �