Elgin City Banking Co. v. Hancock

Appellate Court of Illinois

Elgin City Banking Co. v. Hancock

183 Ill. App. 23, 1913 Ill. App. LEXIS 1482

CourtAppellate Court of Illinois

DecidedAugust 2, 1913

DocketGen. No. 5,806

StatusPublished

Cited by5 cases

This text of 183 Ill. App. 23 (Elgin City Banking Co. v. Hancock) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Elgin City Banking Co. v. Hancock, 183 Ill. App. 23, 1913 Ill. App. LEXIS 1482 (Ill. Ct. App. 1913).

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Opinion

Mr. Justice Dibell

delivered the opinion of the court.

4. Mortgages, § 546*—who entitled to rents collected by receiver in foreclosure proceedings. Rents collected by a receiver and not needed to pay any deficiency after foreclosure sale belong exclusively to the owner of the equity of redemption though the mortgage or trust deed contains a provision that the rents or income accruing during the period of redemption shall go to the person entitled to a deed under the certificate of sale. 5. Mortgages, § 546*—when receiver cannot purchase outstanding title and claim rents. In a proceeding to foreclose a trust deed, a person occupying the position of receiver and agent for the owners cannot buy an outstanding title and set up a claim for rents as against his principals. 6. Mortgages, § 662*—who not entitled to solicitor’s fees. Trustee and complainant acting as solicitor in proceeding to foreclose trust deed, not entitled to an allowance for solicitor’s fees. 7. Landlord and tenant, § 123*—when conveyance of fee passes rents. Sale of the fee carries with it rents to fall due or that may subsequently accrue under any lease, unless reserved, but not rents already accrued.

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Mr. Justice Dibell

delivered the opinion of the court.

4. Mortgages, § 546*—who entitled to rents collected by receiver in foreclosure proceedings. Rents collected by a receiver and not needed to pay any deficiency after foreclosure sale belong exclusively to the owner of the equity of redemption though the mortgage or trust deed contains a provision that the rents or income accruing during the period of redemption shall go to the person entitled to a deed under the certificate of sale. 5. Mortgages, § 546*—when receiver cannot purchase outstanding title and claim rents. In a proceeding to foreclose a trust deed, a person occupying the position of receiver and agent for the owners cannot buy an outstanding title and set up a claim for rents as against his principals. 6. Mortgages, § 662*—who not entitled to solicitor’s fees. Trustee and complainant acting as solicitor in proceeding to foreclose trust deed, not entitled to an allowance for solicitor’s fees. 7. Landlord and tenant, § 123*—when conveyance of fee passes rents. Sale of the fee carries with it rents to fall due or that may subsequently accrue under any lease, unless reserved, but not rents already accrued.

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Bluebook (online)

183 Ill. App. 23, 1913 Ill. App. LEXIS 1482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elgin-city-banking-co-v-hancock-illappct-1913.

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