Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1844-04-11
Vncans.ltusioua:i.y CT Rebel laws.

had been inconiToyeriibly determined. But the Courts If
limited jurisdiction refusing TO apply the general principles
there laid down, except in reference to contracts of the
same nature as that therein adjudcaed upon. which was a
mortgage contract, another appeal became necessary TO The
tribunal of last resort, whereby 10 enforce the rights of
judgment creditors. entitled under the operation Of the
laws suhsis,ing at the date Of their contracts. 10 have the
property of their debtors sold on execution. fer such price
as should be bid for II at a fair public safe. til Inc judgment
was sa'i-fcd hut which right he legislatures # several
OF The States had sought TO impair and render nusa;ory. hy
superadding a condition that there should be no sale for
less than the value of the property levied on, 10 be ascor-
tanned by ~aprraisement. The constitutional question De
termined in the suljoined opinion, which extends the rule
LAID down in Bronson vs.. Kirz.c, TO legislation in res Get
To contracts Of whatever nature. has not been exceeded in
importance 10y any presented to the consideration Of tie
highest tribunal in tie land, since the formation Of cur gov
err nent. The decision embraces also some Incidental
points Of interest. especially lh.t relative to the cons,ruc-
ton Of the proviso in the Statute of lscs, empowering
the L. :. Courts to conform final process therein to such
changes as the State Legislatures may adopt for the STATE
Courts. This decision has been obtained hy Us, al the
earliest practicable moment, from Washington. and IS now
first presented to the ~public.-Jsur. If Com.
Supreme Cour: Of TIE smi.c.; States.
JaNuAHY TERN, 1871.
John /. H. MeCracAcn) Ga a certificate of division ia
vs.. : In opinion between The Judges
Charles Hayward. ) OF the Circuit Count of tie Uni
ted states tor the D.siri.to of Illinois.
Mr.. Justice Ba!dei IN delivered Tie opinion Of the Caur,
II ape ears from the record in this case. that tie plant Il
obtained 4 judgment against the d PENDANT IN June 1910.
on which a piures ii. ia. issued at May Term 1872; real
property was levied on, appraised according 10 ihe pro,i
sions Of a law OF Illinois passed on the 21h Fcbiusry.
ISIl-and he rule Of the Circuit Count oil that State
adopted ia June of the same year, wh.,h law aus iG.c are
in tie following words.
An act regulating The sale of property.
"Scc. /. lie It enacted by the people 81 The State Of
linois represented ia the General Assembly. That when
any execution shall he ISSUED out Of any Of the Csuris oi
this STATE. whether If record or not. aud ,hail De lev,d o,
any real or persona! property, or both, L shlib e t.e duty
OF tie officer ievNirg such execution. - sIu4rian three
houschoidcrs OF 'he proper county ON" 81 IS on" shall be
chosen iy such officer, one by the l'annil, and one hA The
defendant Ia tie execution; or. Ia default OF the pafiss
making such choice. the officer shall chno-e Tor them
viich houscho'deIs. 81: CT beng dolly sworn by surh In
Ger % 10 d.. shall iaisly and IinptrIaiy value Inc rr' l'r-
Is upon which such execution is levied. having "a, renee
to rs cash value. aud they shall endorse the Na.uatt 81
thert Of upon he cSccuii n. 90 upon a Pc. 81 paper ti,se-
81, a'ilclcl. ssned iy them ard when sufh i%roiti'
SHAH &c ni, rel Cor sale, It shah noi lc struck oii cile>
,wu-ihlas Of the amount If such y, nation ,hsl. lc I'D
therefor: Provided, AWAY. that tAe plainta IN any exc
cation issued itoA aHy Court II Rec rio: tbs STATE. ua,
ci,ct On What property he viii have The same ie,i,d, OK
cc,i the lAad on winch the defendant reiles. and hs per
saual property, which shall lie las, taken N execution
And a. n other executions issued from any OF tie Cours
e this state not heIg Courts ot Record. The p,aihta u
execution may elect on what personal property hc W.
have tie same le,i,d, excepting and rescrNiss. how,vcr. 4
The ~d,icnalnt in execution, ia AL eases, such an amour
and quantity # property "a j. now exempt from execution
hv Tie laws ol tbs STATE. Aud provided, farther. HAT al
sales Of ~mcrsagei property shall be made according % d.
PROVISIONS OF this act. whether the foreclosure Of sal,
mortgage be by Judgment AT law. OF decree m Chancery
The provisions 4 this act shah extend to Judgments rcn
drrtd urior la the fret DAY %. Nay. eighteen hrud"d an.
%ferty.onc, aud not TO any ohcr judgments THAI c. h'5n
specified.
Sec. =. When any proper, hail a. levied on and up
praised IN the man,er required by tbs at. aud lAe sam'
Shall hc susceptible Of a division, 40 greater gpantap there
If than ~li tie sufficient To pay the an'cnt - ihe c~ec@.
tion OF executions ihcr GA le,ied, together with The prei.
or cost. at l~wo-,hirl, of the valuation ilereaf slali he 1T
fcrpi Tor ale b, the 0i tr in whose hands ~ J. execution
or executions mr., have been paced ior col cotton.
See. 3. 1hi. act shall tc ia iosce ron and afcf ~
pas -sc. aud the Secretary If State IS hereby required "a
have ii thousand copies thereof priuitd immediately a'c
is approval. ami transmit 'hem % tie Cieiks ~ thr Coun
~ COMMISSIONERS Courts Of lie so,era. counties ~ thf-
state. for distribution among The proper officers thereof
The iolowing s. a caly OF tie rue OF Curt pissed -.
juto 1911, ~
"NAen ihc Mar-hai Shall levy a execution upon ra
cs'a'e. be shsli have It appraised and li under The no
visions of the law Of tbs state, ,uu',d An AT rc,u'at
ing the sale Of property approved 2sih l'.soafy. ISL
# the Csc rome withan tie PROV s'ons al Mat ia" a
any two Of the three Lous'hoiicfs selected u4der tc AS
30 ceinc, may maze the vau-i.9n Of tac lfea"'es rsar
Tie property l,yc3 On vas Advertised ~ sd, rs
Marhal ia Au.ai. 1912 lut was MOI So a. 10 one
twoih'r1. of te aliraiHd va.ue. ia Mach 1913 Z.
paiuiH sued OFT a ,eutliluul ,Ngotas. viii direct %
10 the NafsL4l - sell Tie property i~e-.rless # tic Stat
aw. which The MARSHAL refused 10 o.cy, c |n-ii.rts LA
self louadl ~ iAt aionsali rule 81 coud.-rae"ofynt.
pitut.G moved he corrt fr an orl,r dHtcrf = i-' 80
sl.l 10 SCI 10 tie Highest bidder, ~.to-t Nauat a,
ay ngard 70 The stare iaT.
Il. Ihe ,Iiaan. hy Ama&h lis tl~-~er. canes ~
moves ,be ,ap,, 70 sen aside uc fsiafn 70 tbc pune