Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1857-09-25
A. N A L Y 8 IS OF
SrrATrs quHN Nh 1Oo


"To anthorise Mortgagors of real estate,
to waive the appraisement Of real estate,
upon the foreclosure and sale Of tho Mort
gagged premises
This Is tho Bill about which the Demo
crotic Messenger has been constantly howl
ing, and parading its capital letters, against
Buckland during the last eighteen months.
A brief statement of the facts will suffice
to show the malicious recklessness Of tho
editor of that paper.
Tho bill was introduced at the request of
Gov. Myers, who had been President Of the
Senate during the first week of the session,
being the Democratic Lieutenant Governor
of the State. Any Senator would have
done as much ont Of mere courtesy, wheth-
er favorable to the passage of the Bill or
not. Before any action was taken on it, the
bill was referred to the judiciary commit
tee, composed of the best legal minds in
the Senate, for The purpose of having it
thoroughly investigated, and put into an
unobjectionable shape. That committee
reported the bill back with two additional
sections and recommended its passage, and
it passed the Senate, rs it came from the
committee, four out of the six Democratic
Senators, viz: Converse, Holmes, Lawrence
and Phelps voting for it, and no Democrat
&c Senator voting against it. See Senate
Journal 1856, page SIG.
The Bill as it passed simply provided that
a Mortgagor, NIGHT ecaive tie appraise-
ment Of the Mortgaged premises, when sold
to pay the Mortgage debt, and that himself
his heirs, legal representatives, or assigns,
one gear AFTER THE SALE
to redeem such real estate by paying the
purchaser the amount it sold for with in
terest; and that any junior creditor or sub
scquent incumbrancer Of the property sold,
should have the FURTHER TIME of sac
mntohS to redeem the property on the same
terms.
Now We ask every honest man whether
there is anything in all this warranting the
abuse which the Messenger has so persever-
ingly and vindictively hurled at Mr. Buck
land ? Why don't that paper abuse and
discard tile four Democratic Senator'S echo
yotea for the same bill, and tile other two
did not vote against it?
Last winter nearly all the prominent
democrats Of Toledo signed petition ask
ing the passage of this bill and several of
them were at Columbus personally arguing
its passage into law. Why don't the Ness
enger donounce them and read thom out of
the party he belongs to9
But what harm could result from such q
law! No one is compelled to waive the APP
praisement, and if it is waived the property
must be advertised and sold to the highest
bidder as upon execution in other cases.
If it is sold too low the debtor has n wkole
gear in which to find purchaser who will
pay moro for it, or to raise the money and
redeem it; whereas, as the law now stands,
if the property is appraised at half its val
ue, it may be sold at two-thrds of the ap-
praisement and there is no REDEMPTION
after the sherif's hammer falls. The bill
in question saves the expenses of appraise-
ment and an accumulation of other costs,
and at the same time affords moro full and
extended protection to the debtor against
loss.
AS long ago as 1889, just such law
was aspassed for the Counties of Cuyahoga and
Portage, (see Local Laws, Vol. 81, page
924,) and in ls41 it was extended to the
counties of Lorain and Summit, (see Local
Laws Vol. 80, page 1927 and is still in
force in those counties.
If any evil had resulted from the law in
those counties, certainly some one would
have complained during the eighteen years
it has been in force, and some movement
would have been made for its repeal But
no complaint has been heard, no movement
for repeal has been made, no evil resulted
from it. The practical working of the law
during 16 or Is years will have more
weight with any sensible man than the
senseless rawlings of the Messenger for for
ty years.