Independent Democrat. [volume] (Canton, Miss.) 1842-1844, 1843-04-15

terms within fifteen months from the sale &.
This act which took effect on the first day
of May, 1925, was held it seems not TO ex-
tend to sales or mortgaged premises under
decree Of foreclosure, and the act of Feb
ruary 10Th 1871, above mentioned, was
passed to embrace them.
By another act of the legislature Of Him
OILS, approved The 9th of February, lS4l A.,
it was directed, that when any execution
should be issued out of any of he courts OF
the State, and be levied on any property
real or personal or both, it should be the
duty Of the officer Ievying such execution
to summon three householters Of the pro-
per county, one of whom should be chosen
by such officer, one by the plaintiff, and
one by the defendant in The execution; or
in default olthe plrtiss m king such choice
the officer should choose for them; which
householders being only sworn, by such of
firer so to do, should fairly and imparlally
value the property upon which such exc.
cution was LEVIED having reference to It's
cash value and that they should endorse
the valuation thereof, upon the execution,
or upon piece Of paper thercunto attach
ed signed by them and when such pro
perty should be offered for sale, 1t should
not be struck off unless two thirds of The
amount of such valuation should re bid
therefor 1t farther provided among other
things, that all sales of mortgagcd proper
ty should &c mae according to the pro-
visions Of that act whether the foreclosure
of said mortgage was b. Judgment at law,
or decree in CaanceIy. Ii also directed
that the provisions OF this law should eX-
tend to all Judgments rendered prior to the
LIST of MAY, I~4I, and to al! judgments
that might be rendered on any contract or
cause If action accrning prior to thar day,
and MT to any Other Judgment than rs be-
tore specified. These are in subtance
The provisions OF these acts as far as they
are mocria to the present controversy. -
On the 18th Of June, 1871, after the
laws above mentioned had teen passed,
the Circuit Court Of the United States for
the District of Illinois adopted the follow
ing rules.
" Oidercd that when the Marshall shall
levy an e .c"uiion upon real estate, he
sha Ia, e It appraised aud ii under the
provisions of the law Of this State entitled
An act rrg,la,ng the sale Of property"
approved the 9Th February, 1911, if the
case come within the provision Of the law;
and any two or three hruschulGors select.
ed under the law agreeing, may make the
vauation of the premises required"
Before the sail of any real estate on
execution The ma shall shall give notice
thirty dIys in newspaper pltlished in
the county where the land lies; if there
be no paper pu llsbcd IN the county. then
no,i"c shall BE G ven thirty Gays brfre the
ale. by notices as the SIT tic REQ rlres.--
The Court adopt the S h section Of the az
of this State to amend the act concerning
judgments, &c, passed 10Th of February;
lS4 which regulates the sale of mort,
gage premises, &c, except where special
direction shall be given in The decree OF
sale"
After these rules were adopted, that is
to sdyof December Term, lS4l, the bill
fled by Mr.. Bronson as herein before
mentioned came on for finaI hearing in the
Circuit Court and thereupon the COM
plant moved The court for q final decree OF
strict foreclosure of said mortgage, or that
The mortgaged premises should lie sold 10
the highest bidder without being suhic 10
said rule and the act referred TO. This
motion was resisted on part of defendants,
who moved that the decree should direct
the sale according to said rule and act.
All the Judges being opposed in opinion
on the following points to witt
lst. Whether the decree ir this case
should be so entered rs to direct the sale
of the said mortgagcd premises according
to the said statute OF the State of Illinois
above mentioned; o. whether The slme
premises should be sold at public auction,
70 the highest bidder, without regard to
the said law
Cd. Whether The decree Of this case
shall or sha.l not direct the Snle of the
mortgoged premises, without requiring two
thr S OF the amount of the said val uallon
To lie bid, according TO the said act OF the
State Of Illinois.
81. Whether the term of the mortgage
in this case Go or DO not require it 10 be
excepted from tie operation OF the rule
above recied. On molion OF The COM
plainant, it was ordered and directed thai
this cause C, with said points, be certified to
the Supreme Court, in pursuance OF the
act ofCongress.
Aud it is upon these questinns, thus cef-
tifi,d, tbat The case is now before rs; and
the Slh section Of the act IF February 18th
and TIC ime entire act Of Eehruiry 9th
are sci forth at large in the record, as the
ws retired to in ;hn above mhntoned
rules of the Circuit Court.