Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-03-09
SUPREME COURT OF THE L. 6.
JANUARY TERN, 1913.


Arthur Bronson, Compt
John II K,nzie and jail.
ette his wife, Edmund \
Passing, John :. Bussinr, On certificate Of d.
President, Directors \ vision opinion between
e.. ot the State Bank Of HE judge OF the Circui
Illinois, Jay !atnvay, CoGf; "i The L 5. Tor The
Mary Ann Wocett, Da- District :. Illinois
mici ) Griswod, Caroline
Durham and Alonzo Hunt
ing,on,
Nlr Chief Justice fancy delivered the opinion Q
the Court
Thus case comes before the Court npon a division o
oprion in the Circuit Court of lie u. s. for the Dis
lcl Of Illinois, upon certain questions which
The case, and Which have been certified this Cour
according 10 the act of Congress.
\ r. APPEARS the record that the 18th ne July
iS..- John II KNEE eXecG,d bond TO Arthur Been
soa, conditioned for the payment OF $1,000 The Isl
81. lujg, isi2, wl interest thereon, 1r paid SEM
Annually and order 20 The paYu,cn Of The
.aid sum Of money and interest, k,nze and wife on
the Gay, con:cyed 10 The SAID Bronson Zee sn.
pie by way OF mortgage undivided half pat; of CO.
lain houses end lots The town Of Chicago, VIII. the
usual provisa that The deed should be null and void
if tie SAID principal and ncres, only paid; and
kinz'e among other things convenanted that il dc.aul,
should be made IN the payment Of the principal or IN
terest any part thereof, that it should be lawful for
Bronson or his representatives. TO enter upon and sell
the origaged premises public auc.ion as aitor
Usv OF lf2p ana 10 convey me same 10 Inc
chaser, and of tie moneys arising from sra!. sale
10 retain the amount that nigh! iea be due ilfH nn
the aforesaid bono, with the costs charges OF sale,
rendering TIC oyerpus. Il any, H. k:nz'e
The interest not having been pad, Bronson, the
y 81 i4ra&. I'LL, flied his bill 10 ;oIec!ose the
mortgage Ia the meantime after tine mortgage vas
mad AID hs:ae the al ti!ed The Legislature Of
Illinois, ~ the lHh a! February, i1il passed Il ~,
tie eighth section 81 wien provided that mortgages
aud Judgment creditors should have the same right
il,a II
Court Of Chancery tina, had been gwen the debt
o-s and judgment creditors by previous law passed
III 1875, in cases where lands were sold under exc
cuiloa The law If ISIS authorized the party whose
and should be sold by aacacn after the law took
Effect, to redeem t,lem within twelve months from.
the dag cf sa!" by eFsyng the pcfchase money with
interest 4. The rate OF ten per cent; and il the debtor
DID not redeem within the time limited, any Judgment
creditor authorized 10 60 so upon the like terms
within fifteen months from The sale This Gc which
took e-c tire .irst day of May, 1875, held II
seems no; extend to sales Of moTtgured premises,
umd.r decree Of foreclosure, aud the Of febru-
AIRY l9ii, lSil, above mentioned, vas passed 10 EN-
brace !hem.
Ry another nc, Of the Legislature Of Illinois, ap.
proved the 9Th Of February, ISL, il was directed,
that when any execution should be issued out of any
of the Courts OF the State and be levied any pro-
perry real or personal, or both, 1t should be the duty
o tie officer levyng sUc! execution 10 summon three
househoders Of the proper county, one o! whom should
~ ctlStn uy sucH H.iictT. O.s p'IiNIl
By the defendant IN the execution; or in default 81 the
p.;t,cs making such choice. the officer should choose
G,- hcm which hausehoiders AFTER being daily sworn
~ such officer ID, Should fairly Az, irapaT,iai
r.laa tie property upon which such execution vas Il
lcd. having reference 20 ta cast! yai and that they
should endurse the valuation thereof u;oa TIE cxocr-
ton, upon piece e! paper lncreuato ai;ached d,
s,e0cd by them. ar! when such property should be
offered Tor sale, il should he struck off, unless
two thirds OF the aiogn Ct such valuation should BE
bid therefor.
Il further provided, among other things, that all
sales O. EoTgaged property should be made according
to the provisions Q. that act, whether The foreclosure
Of sad mortgage was by judgment at law, decree
u; Chancerv Il also directed that tie provisions oi
tnjs law s.;oud extend all Judgments rendered PRIOR
o'.e Is Of May ISL aad all judgments that might
~ rendered any contract ca.sc of notion
~ prior 10 that d:y, and not tc ANY other judgment
than - h;!ae srrci fed. These are in substance the
Provisions Of these acs !-y !aY afe material TO
Tx present controversy.
Ca ;he i9!h 81 June, l5il, after the laws above
mentioned had been passed, the Circuit Court Of the
I; States 70. The Disirc; Of llao!s adopted the follow.
ing rules
Ordered tat when the Marshal shall levy
ecu!!oa upon real estate he shall have appraised and
Sold unde! the provisions oi the law uf this State,
;i,!ed IAN act regulating the sale Of property, ap.
proved 2.h February, ic4l If the case come within
tie provisions al that law and any o three house
hoide's selected under the 'aw, agreeing, may make
me v1ir-tlon al lie pFcm!:cS required.
"!ienre The sale Of ans real estate on execution the
ie:saal shall give notice thirty days IL newspaper:
published IN the county where the and !cs and il!
there be paper published the county, ,,cn the
ias sl,l' b gwen ;':'y d- before the s.!e b. "oc
sa he -;atnlr :cq1trs The Court atop; IL :
ar q the OF lhis STATE an:. n! he act concern
IA: jaagm ais, to, pas.e1 l9.h February, ISL.
v.c. se.n9te. ii.e sale Of 'uo!gased premises, &c
c@cep; wheFe srcc,a direction siall be given in the
decree Of sale.
af,eT these rules adopted. that is 10 saw a, De
cembsr term, lof the bill filed b. Bronson as herein.
before mentioned came on for final hearing in the Cir
cut Court: and thereupGn the complainant moved The
Gou, for final decree Of strict foreclosure of SAID
mortgage, or That the mcrGaged premises should be
s"! 10 the highest bidder, without being subject said
rule and The act referred to Tins motion rs rrss,: d
OF the eatl OF the d!,ndani who moved that the de-
Gre should direct the sale according sait rule and
act.
And the Judges being opposed in opinion on the fol-
lowing points, 10 wit
/ ls Hasihe. the decree IN ths case should be so en-
tered direct the sale of The SAID ninrgaged pre-
according tie sad statute OF the State of Ill.
above mentioned: or whether the slme premises
should be sold al public auction the sies. b.dder,
without regard 10 tie sad law.
Sud Whether the decree this case shall or shall
direct the sale of the mortgaged premises without
beng first valued by three householcers, and without
requiring two thirds OF the amount OF the said valua-
ton 10 be bid, according 10 the said act OF the State Of
| Illinois
Bird Whether the terms Of the mortgage in this case
DO or do no require 10 he excepted from The operation
@ the rule above rsci.sd On lnoiIon Of tha complain
sol,'. ordered an directed, iia! tins cansc, with
said Foa;s, b. certified 10 the Supreme Court, pu!.
saaace .: the act OF Congress
Aad IS uP'n these questions thus certified that the
c'so is uow helorc and the Ssh OF the OIL
February 10Th and the entire act Of + braa,y 9th axe
Sc: forth 4, large n the record the laws referred &c
in the above mentioned rules Of the Crcui! Court
The case has been omitted 70 the for decision
{ by written ageemen. between the counsel on eth
sides On the Fa. Of tie compl'nan printed a.gnmen
has hssn filed, but has been offered in behalf o.
the defendant rs the involves constitutions
ole.un II s1-.l n7Iianee. sag!I have a.ecr:t