Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1843-03-25
SUPREME COURT OF THE U NITED
STATES.

ZOE ll!e puI pCsG " SiAicA JaottSc lauEI
COURT OF THE UNITED
STATES.
JANUARY Term, l343.
Arthur Bronson, Comp't. !
rs. X
John II. k,nZie and Juli-
cite his wife, Edmund II. On certif-
Bursting aud john S. BUS cate Of division
sing, the President, Dl i'll opinion be
rectors and Company Of : tween the Jud.
the State Bank Of Till ges OF the CIR.
nois, Jay Halfway. fla cult Court Of
ry Ann Wo,lcots, Daniel the .. S for
S. Grlswold. Caroline The Dist. Of Ill.
Dunbar, and Alonzo
Huntington
MIR Chief Justice fancy delivered the
Opinion Of the Court.
This case comes before the Court upon
division Of opinion in the Circuit Court
Of the United States for the District OF
Illinois, upon certain questions which
arose in The case, and which have been
certified to this Court according to the act
0; Congress.
l,appears from the record that on the
18th OF July, 1888, john ii kenze cxe-
cuted bond to Arthur Bronson condi-
.ioneL for the pay ment Of $4,000 ON tho
first Of July, 1912, with interest thereon
TO be paid semi-anaually, and in order to
secure the payment Of tho said sum Of
money and interest, kinzie and wife Gu
the same day conveyed to the said Bron-
son i'll fec simple BY way OF mortgage,
on, undivided hall part OF certain houses
and lots In the town O, Chicago, with tho
usual proyiso that the deed should be null
and void il the said principal AM! interest
were only paid; and kinZie among other
things coycnan.ed that il default should
be made III the payment OF tho principa,
or interest or any part thereof, that it
Should be lawful Tor Bronson or his rep
resen.atlyes to enter upon ana sell lhy
mortgaged premises at public auction, aud
us Attorney OF kinz,e aud wife, to com
vcy the same TO the purchaser, and on.
OF the moneys arising from suc!, sale to
retain the amount that migh then DO du,
INN on the aforesaid bond, with the costs
and charges Of sale, rendering the over.
plus, ii any, 10 !inzic.
The a.c.cs. no, having been paid.
Bronson on the 9th of March, l84l.
filed his bill to foreclose The mortgage.
In the meantime, after the mortgage was
made and before the bill was flied, the
Legislature OF Illinois on the 10Th of
February, 1911, passed law, the 9th
section Of which provided that mortsagors
and judymen. creditors should have tho
same right 10 redeem mortgaged premises
sold by the decree Of Court Of Chan.
Gerry that had been given to the debtors
and judgment creditors by a previous law
passed IN 1925, in cases where lands were
sold under the execution. The law Of
1925, authorized the party, whose land
should be sold by execution after that law
took effect, to redeem them within twelve
months from the day Of sale, by repaying
tho purchase money with interest at the
i:s'e OF ten per cent and ii the debtor
did .ot redeem within the time limited.
any judgmeat creditor was authorized TO
do SO upon the iKc terms within fifteen
months from the sale. This act which
took effect OIL the first day OF May, 1925,
was i,:!d il seems not to extend to sales Of
mortgagcd premises under decree Of
| foreclosure, and the act OF February 9th,
1871. above mentioned was passed 10 en-
brace them.
BY another act Of the Legislature Of
Illinois, approved the 9Th Of February,
1871, il was directed that when any exc
cution should be- issued out Of any Of the
Courts Of tho State, and be levied on any
property rca! and persona! or both, it
should be the duty OF the officer levying
such execution TO summon three house,
holders OF the proper 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 par.
ties making such choice, tho officer
should choose tor them; which house,
holders after being duly sworn, by such
officer SO to do, should fairly and impair
TALLY value the property upon which
such execution was levied having refer
ence to ITS cash value; and that they
should endorse the valuation thereof.
upon the execution, or upon piece Of
paper thereun,o attached signed by them;
aud when such property should be offer
ed Tor sale, it should not be struck off,
unless two-thirds Of the amour: Of such
valuation should be bid therefor. ltiur-
ther provided among other things that all
sales,of mortgaged property should be-
made according 70 the provisions Of that
net, whether the foreclosure Of said
mortgage was by Judgment at law, or de-
cree in Chancsry Il also directed that
the provisions Of this law SHOULD extend
TO ali judgments rendered prior 10 tho
lst Of moy l84l, and to all Judgments
thu might DO rendered on any contract
or CAUSE Of notion ACQUIRING prior 70 that
day, and. not to any other Judgment than,
as before specified. These are in sub:
stance the provisions OF these acts as tar
as they are material to the present con-
troyersy.
On the 10Th Of June, l84l, after the
laws above mentioned had been passed,
the ircuit Court OF the United States for
the District Of Illinois adopted the follow
ing rules:-
"Ordcred that when the Marshall shall