Page:Federal Reporter, 1st Series, Volume 7.djvu/28

 16 FEDBBAL BEPOBTBB. �Hughes as the agent of Washington, and where there was no compulsion about it — a sale made simply by arrangement ; second, the exeoutor, being only empowered to sell for the purpose of re-investment, he could not ratify a sale not made by himself under the powers, so as to bind the devisees under the will, if they were necessary parties to the suit. The faot that the executor received the remuant of the proceeds of the property left after the sale made in pursuance of the decree of the court in that case, cannot, it seems to me, be held to ratify a sale which he had no agency in making, and which he did not pretend to make, under the powers with which he was clothed, �It is further suggested that there bas been undue delay in the bringing of this suit, but the proof shows that all these complainants were minors at the time these proceedings were had; that they did not leam of the fact that the property had been sold, or in any way disposed of, until 1871, at which time those who were then of the age of 21 years were married women, and continued such until this suit was brought. There does not seem to me, therefore, to have been any such. delay in the bringing of this suit as makes this proceeding what might be called a stale proceeding, within the meaning of the equity cases. It does not corne within any of the lim- itation laws of the state of Illinois, and it seems to me it is not such a claim as should be considered stale. The other defendants in this case, Barling, Davis, and Mandel, claim a title under Hyman, and have no better standing in court than he. �Under all the facts in this case, therefore, and under the law as I think it should be applied to these facts, these com- plainants will be entitled to a decree allowing them to redeem these premises upon such terms as are equitable under all the facts in the case; and those terms will be — First, that they shall pay the amount due on the Williams trust deed, with the interest from the time it fell due, at the rate called for by the bond; in other words, Hyman should be subro- gated to the position of Mrs. Williams. He should also receive 6 per cent, upon the balance of the money which ��� �