Bloomington herald. [volume] (Bloomington, I. T. [Iowa]) 1840-1849, 1844-05-10

| WtWS VI VIC CUutIaCt lHutcdte dCcOTulng 10
their settled legal meaning when il be.
comes consum,na,ed The law defines the
duty and the right. compels one party 10
perform the thing contracted Tor, and gives
The other right to enforce the perform
anre oy the remedies then in force.
| II any subsequent. law affects TO dimin-
ish the duty, OF 10 impair The right. i, ne.
cessarily bears on the obligation Of The
con.rac, in favor Of one party to the inju-
rs of the other; hence any law. which in
lis operation amounts 10 denial or Oh.
struc,ion Of the rights accruing by con-
tract. though protesting to &C. only on tie
remedy. is directly obnoxious to The pro-
visions Of Tue constitution.
This principle is so clearly stated and
fully settled in the case of Bronson vs.
Kinzie. decided at The las, term, l. IIew.
81. that nothing remains IL be added 10
the reasoning of the court. or requires a
reference to any other authority, than
what is therein referred to; it is, howev>
er, not to be understood that by that, or
any former decision Of this court. al! State
legislation on existing contracts is repvg-
nan. to the constitution. 1
| 1T is within the undoubted power OF
State Legislatures 10 pass recording acts,
by which the elder grantee shall be posts
poned to younger, if the prior deed is
lot recorded within The limited time; and
| the power is the same whether The deed
| is dated before or after the passage Of The
recording act. Though The effect Of such
law is 10 render the prior deed lraudu-
len. and void as against subsequent pnr-
| chaser. i, is not law impairing the obli-
! CATION Of contracts; such too is the pow
er 10 pass acts Of limitation and their eff
fects. Reasons of sound policy have led
10 the general adoption Of laws of both lie.
scripiions, and their validity cannot be
! questioned. The time and manner Of
their operation. the exceptions to them.
and The acts from which the time limited
shall begin to run, will generally depend
On The sound discretion Of the Legislature,
according 10 the nature Of the Jules, the
situation Of the country. and the emergen-
cy which leads to their enactment. Cases
may occur where the provisions Of law
may be so unreasonable as 10 amount to
the denial Of right, and call for The inter.
| position OF the court, "-3 Pet. 2l0.
The obligation Of the contrac. between
| The parties III this case, vas TO perform
the promises aud undertakings contained
therein, the right Of the plaintiff was 10
damages far The breach thereof, 10 bring
suit and obtain Il judgment. TO take Out
aud prosecute an execution against The de
PENDANT ill the judgment was satisfied, pur.
snant to existing laws Of Illinois. These
laws. giving these rights, were as perfect.
~ binding on the defendant, and as much
a part of the contract, as il they had been
Sc. forth in It's s,ipula,ions in The very
words Of the law relating to judgments
and executions. Ii the de(endan. had
made such All agreement, as 10 authorize
a sale Of his property which should be lev.
led on by the sheriff, for sncI, price rs
should be bid for il a. ii fair public sale,
on reasonable notice. il would have con-
ferred RICH. on The plaintiff which the
constitution made inviolable; and it can
make no difference whether such right is
, conferred by the terms or law Of the com
tract. Any subsequent,law which denies,
obstruc,s or impairs this right. by super
adding condition thai there shall be no
sale 70: ans sum less than the value Of the
properly levied on, to be ascertained by
app, aismen,, or any other mode Of valua-
ton than public sale, affects the o5liga>
ton Of ,he contract, as much in the one
case as the other, for as it can he enforced
only by sale Of the defendants property.
| the prevention Of such sac 10 The denial
Of right.
The same power in State Legislature
! may be carried to any exlen. il it exists at
all. il may prohbi, sale lorsless than The
whole appraised value, or for three four,hs
| or nine .en,hs as well as for two thirds.
for, if the power can be exercised 10 any
extent, lis exercise mus. be matter OF un.
comfortable discretion, i'll passing laws re-
la'ing TO the remedy which are regardless
ofsare effect Oh the right ol the plaintiff.
This was the ruling principle Of the
case OF Bronson vs.. Kiuzie, which arose
on mortgage containing covenant, that
in ,lefau!! of payment, The mortgage
might enter upon, sell aud convey The
mor'gaged premises, as the attorney OF the
mor'gager; yet ,he case WAS not decided
on the effec. and obligation Of that cove
nan,, biz! on the broad and general princi
pie. ,ha, Stale law which professedly
provided remedy for enforcing the con-
| irac, of mortgage, etfec.ualIy impaired The
rights inciden. 10. and attached 10 j, by
the laws in force at it's dale, was. void.
The agreementor contract can create no
/ mnte hintiinr nl,liaalinfla than finsa fas.