The other facts fully appear in the following statement by BAILEY, C. J.:
This was a bill in chancery, brought by Henry G. Gleyre and Ferdinand A. Gleyre against Elizabeth Winstanley, Josephine Fuchs, John W. Renshaw, and Caroline Renshaw. The bill alleges that on the 25th day of January, 1890, the several parties complainant and defendant, with the exception of Caroline Renshaw, entered into an agreement in writing under their respective hands and seals, and duly acknowledged by them, the provisions of which were as follows:
‘This agreement, made and entered into this 25th day of January, 1890, by and between Elizabeth Winstanley, of the county of St. Clair, and state of Illinois, party of the first part, and Josephine Fuchs, John W. Renshaw, H. G. Gleyre, and F. A. Gleyre, parties of the second part, witnesseth that, whereas, the said party of the first part is desirous of selling the land hereinafter described, and the said parties of the second part have agreed to make the efforts, undertake the management, and incur the expense relative to said sale hereinafter mentioned: Now, therefore, the said parties of the second part, in consideration of the power of attorney hereinafter given them for the sale of the land hereinafter described, and their interest therein, as hereinafter expressed, do covenant and agree to and with the said party of the first part that they will have surveyed, subdivided, and platted into lots, with appropriate streets and blocks, duly recorded in the proper office of the county, a plat of the subdivision thereof, all the land hereinafter described, and will also with promptness and dispatch, as soon as the land is properly laid off, which they undertake shall be done with all reasonable speed, advertise said land for sale. The advertisements shall be by public notice in appropriate newspapers, by hand bills, pamphlets, and other usual methods of attracting public attention to contemplated sales. The said parties of the second part further covenant and agree to use their best efforts in the management for its sale and the disposal of said property. All expenses of every sort connected with the surveying, platting, and advertising said land, and every expense connected with the sale thereof, to be borne by the parties of the second part.
‘In consideration of the premises, the said party of the first part has constituted, nominated, and appointed, and does by these presents irrevocably constitute, nominate, and appoint, the said parties of the second part her true and lawful attorneys, for her and in her name and stead to grant, bargain, and sell, convey and confirm, in fee simple absolute, to such parties and their heirs forever, as to them may see fit, on the terms hereinafter stated, all the following real estate, lying in the county of St. Clair, and state of Illinois, more particularly described as follows, to wit, lots nine, ten, sixteen, seventeen, eighteen, nineteen, and lot lettered A, of the first subdivision of Cahokia, except two acres in lots nine and ten, upon which her residence now stands, which she reserves for her homestead. The said parties of the second part are authorized and empowered to sell said land, or any part thereof, in such quantities or areas as to them may seem best, with the restriction only that none of said land shall be sold at a less rate than three hundred dollars for every acre, and in that proportion for every fraction thereof. Sales to be made for cash, or one third in cash and the remainder secured by mortgage in the usual form, and payable in one, two, and three years, or sooner, with interest on the reserved payments at not less than six per cent. per annum.
‘Before any of the parties herein mentioned, except the said party of the first part, shall be entitled to any of the proceeds of the sale of said land, the said party of the first part shall be paid out of the said proceeds the sum of $50,000. After the said party of the first part shall have been paid the sum of $50,000, then all the surplus over and above the sum of $50,000 shall be divided equally as follows: One-fifth to said party of the first part, and one-fifth to Josephine Fuchs, one-fifth to the said John W. Renshaw, one-fifth to Henry G. Gleyre, and one-fifth to the said Ferdinand A. Gleyre. The said party of the first part, until she shall have been paid her full $50,000, shall be entitled to all cash received from such sales, and, if she shall so elect, shall be entitled also to all notes for reserved payments, until her full $50,000 shall have been so paid her in money or in notes; but, if she declines to receive the notes arising from any such sales, then it is agreed by the parties hereto that said notes shall be held by John W. Renshaw for the parties herein mentioned, in proportion to their respective interests as herein set forth. All said notes taken for the reserve payments on the purchase money of the land herein described shall be made payable to the order of John W. Renshaw. When said notes shall be collected the amounts arising therefrom shall be applied to the payment of any amount due the said party of the first part on the $50,000 hereby secured her on said land, if said land shall realize $50,000, and the remainder shall be paid one-fifth to said party of the first part, one-fifth to Josephine Fuchs, one-fifth to the said John W. Renshaw, one-fifth to the said Henry G. Gleyre, and one-fifth to the said Ferdinand Gleyre.
‘The said parties of the second part are hereby authorized to deliver the purchasers from them under this power of attorney deeds with the ordinary statutory or other covenants of warranty, and the said party of the first part hereby ratifies and confirms all that the said parties of the second part may do in the premises and under the powers hereby conferred upon them, and the said party of the first part binds herself by this instrument to execute any deed desired from her by any party purchasing from said second parties, confirming sales made by them under these powers. The election of said party of the first part to accept any notes above referred to, as contemplated to be taken for the reserved payments, shall be evidenced by her accepting any of said notes from said John W. Renshaw by his indorsement and delivery thereof to her. It is agreed that the powers hereby conferred upon the parties of the second part can be exercised by the majority of them. Any two of said parties are authorized and empowered to execute all deeds and to make all sales, with the same force and effect as if all the said parties of the second part were acting.’
Subsequently, on the 6th day of February, 1890, a supplemental agreement was executed by the same parties, under their hands and seals, and duly...
