The Illinois free trader and LaSalle County commercial advertiser. [volume] (Ottawa, Ill.) 1841-1843, 1843-03-31


given to the debtors and judgment creGi-
tors by previous law passed in 1928, in
cases where lands were sold under execu-
tim. The law Of 1925 authorized the
party. whose land should be sold by exc
cution after that law took effect. to redeem
within twelve months from the day Of
sale, by repaymg the purchase money
with interest at the rate of ten per cent;
and if the debtor did not redeem within
the limited time, any judgment creditor
was authorized TO do so upon the like
terms within fifteen months from the sale.
This act, which took effect on the first
day of May, 1925, was held, il seems, not
to extend to sales or mortgaged premises
under decree of foreclosure, and the act
of Feb. 10Th, 1871, above mentioned, was
passed to embrace them.
By another act of the legislature Of llli-
nris, approved the 27th of Feb. lS4l, it
was directed that when any execution
should be issued out of any of the courts
of the state, and be levied on any property
real or personal, or both, it should be the
duty of the officer levyng such execution
to summon three house-hoders 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 Of the parties making such
choice, the officer should choose for them !;
which house holders, after being duly
sworn, by such officer so to do, should
fairly and impartialy value the property
upon which such execution was levied,
having reference TO its cash value; and
| that they should endorse the valuation
thereof, upon the execution, or upon a
piece of paper ,hereunto attached signed
by them; and when such property should
be offered for sale, it should not be struck
off, unless two-thrds of the amount of
such valuation should be bid therefor. 1t
further provided among other things that
all sales of mortgaged property should be
made according TO the provisions of that
act, whether the foreclosure of said mort
gage was by, judgment at law, or decree
in chancery. 1t also directed that the
provisions of this law should extend TO all
Judgments rendered prior to the first OF
May, 1871, and to all judgments that
might be rendered on any contract OF
cause of action accrulng prior to that day
and not to any other judgment than as be-
fore specified. These are in substance
the provisions of these acts as far as they
are material 10 the present controversy.
On the 10Th of June, 1871, after the
laws above mentioned had been passed,
the circuit court of the United States for
the district of Illinois adopted the follow
ing rules.
"0rdered, that when the marshal shall
levy an execution upon real estate, he
shall have 1t appraised and sold under the
provisions of the law of this state entitled
AN act regulating the sale of property"
approved 9th Feb. l84l, if the case come
within the provisions of that law; and
any two or three house-holdcIs selected
under the law agreeing, may make the
valuation of the premises required"
Before the sale of any real estate on
execution the marshal shall give notice
thirty days in a newspaper published III
the county where the land lies /; and il
there be no paper published in the county,
then the notice shall he given thirty days
before the sale, by notices as the statute
requires. The court adopt the 6th sec
ton of the act of this state to amend tht
act concerning judgments, &C., passet
10th February, 1871, which regulates the
sale of mortgaged premises, &C., excep
where special direction shall be given il
the decree of sale.
i After these rules were adopted, that i:
to say at December term, 1871, the bill
filed by Bronson as herein before men
toned, came on for final hearing in tn
circuit court; and thereupon the complain
ant moved the court for final decree o
, strict foreclosure of said mortgage, or tina
the mortgaged premises should be sold II
the highest bidder, without being subjec
to said rule, and the act referred to. I'hi
motion was resisted on part of defendants
who moved that the decree should drec
the sale according to sad rule and act.
And the judges being opposed in opinion
on the following points, to wit =
: LIST. Whether the decree in this cas-
e should be so entered as to direct the sal
: of the said mortgaged premises accordin
e to the said statute of the state of Ilinoi
q nhnrn n,nntinnnL. or ,rhnthnr Tho rnn,