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

contract of this kind. None such at least
has been brought to the notice Of The court,
and it must therefore be governed, and the
rights OF the parties under it measured, by
the rules above stated. They were the
laws Of Illinois at the time, and therefore
entered into the contract and formed
part of it without any express stipulation
to that effect in the deed. Thus for ex-
ample there is no covenant in the instru.
ment giving the mortgagor the right 10 re-
deem by paying the money after the day
limited in The deed, and before he W S
loreclosel BY the decree Of the Court of
Chancerv. Yet no one dlubts his right OF
his remedy for by the llw5 IF The State
then in force, this rlght aud this remedy
was a par, Of The law Of the contract with
out any express agreement Of the pa'tles
So aSplha right o the m 'rgagee as kn wn
to the llws re llired M exp e S sliPnlNnn
to define or Sc uce then. They were an.
neXc1 to the contract At tie time 1t was
male, hn1 formed a part ofi',& any ib,e
q Ieht law i0po,ug the rIgh's TINS "a.
q llrel, impa''s the obligation whicl the
contract imppscl.
This brings rs t. examine the s'au'C OF
Limos which have given ri to his con.
t.o9ersy A. cuncern' the law of Zebra.
AIRY -, lS4t, it appears TO the cou;t not
toa" mur.l, on the ic.ntdy, but dare :lly
upO the contract is ,. t, an 10 cngraIt np-
on Il new c ,olt ols IN u 'lou' and nnJus;
10 III ms Z gee. ltderIares that a'thou III
IA, mo gagged premises shonll he so d an
der The decree 0t the c mrt OF Oh nee ~,
yet taat the elu t .bIe t,te OF The mott
gag)r shl, hot he exit Igu!Shc bat shall
continue for IL m lnth' after The s,le; ana
1t moreover gives new and like estate
Which De ore ha no existence, 10 III II ~
mant ere Iior. u continue for ii! cen
IN nihs. If such rights may be ad ci Ia
the original con rAct, Ivy subsequent legls
laion, il would be duff :uIt to sly at wha
point they must stop. An 90 Ht,oe in e.
est in the premi :cs NAV in like mlnncr
j. .Hter.ei up n uthe S, aud the rig IT % re-
deem may be 50 pr ng4d, as t. deprive
the mortgages OF the behcfil OF his sc III
~, b, rendering the pro. ,erty unsalaihe
for any thug like i,S valu'. The la"
gives to IN, m'rgngor az! TO the judy
mant creditor, an elultabe tate IN The
| pre- ni.e., which n,ither oflhem would have
been entitled 10 under the original con-
tract. And these new Interests are d.
reclly and materially in conflict with those
which the mortgage acquired when the
mortgage was made. Any such modlh:a-
ton of IA contract by subsequent legIsla-
tion, against the consent ofonc of the par
ties, unquestionabIy impairs its obllga-
tons, and is prohibited by the Conslitu.
ton.
The second point certified arises under
The law Of February 27, 1911. The OBJ
servations already mide in relation to the
other act ap lily with equal force to this
1t is true that this law apparently acts up
on The remedy and not directly upon the
contract. Yet its effects is t. deprive the
party ol this pre-eXisting right TO forecIoSe
the mortgage by Il sale of The premises,
and t. i'm Jose upon him 'ndilions wnlch
would frequently render any sale aIt'geth-
er impossible. And This law is still m re
Objectionable because it is not gene a.
one and prescribing the mode Of selling
mortglgcd premlseSin all cases, but is con
fined to judgments rendered and contracts
made prior TO the first of May, ls4l. The
act was passed on the 81 OF February IN
that year; and it operates m llnl on p'St
contracts and not on future. Ii the con-
tract intended 10 be affected by it had been
specifically enumerated in the law, and
those conditions applied 10 them, while
other contracts o! the same description
were 10 be emf reed in the ordinary course
OF legal proceedings, NJ one would do lbt
that such a law was unc 'nslituti rnIl. Ii r.
par:icu ar class of contracts is selected
and incumbereI with these new condl-
liunS, Aud it can make n difference n
principle whether they are describe BY the
names OF the parties or by the time AT
with they were mlGe.
In the case OefOr; u the conflict by thos >
laws VITA the cations ut the contract is
ma lie the more evident bv an express co
venant contained in the lnStIu nent itse t,
whereby The mor'gngee in defrut # pay
meat WIS lulho..z9i to enter IN the preul-
iseS AMI sell them at public airton aud
to retiin out Of the money thus raise the
aro mt due, and TO pay The nverplus If any
t. lhs n n'Elg1r. Il is inpussine to read
this c1rcn lnl nndtr COZ IRE II with III
laws now ulde: consideration, vi bout C
ing thai both Of thee IA + mate tally int.f-
e g With the exp eSs agr, en- mt OF tie par,
ties n'aine IN this cO'enant. Yet the
ri4h' here sc AIRED to the m .rig ge is ,ub
,e ieniiy II ih,ng m IRE tnln the ri ,ht 20
II, Zoe and lis harged of the equitable
interest OF Kinzie and wife, in or Ter to o..
lain his money. INV at the N is