, 1876-08-03
THE COURTS.
Tho Requisites of a Strict
Foreclosure Sale.
hnlmportant Real-Estate Decision
by Judge Farwei'.
waw Observation-Disclosures -11idcel1a-
uoopp Huaiucag.

uooug Ruainoas.
IN the caso Of Gibbons ct al. rs. Springer ct
al. a l,i)l to establish title Judge Farwcll yca-
tcr1ay morning rendered. IN important decision
os to mortgage sales, holding that. before aulc
hy strct foreclosure Gun be effective. final con.
{rrnatnry order must be obtained. It appeared
tl,nt Wilt!crgcr, tho grantor Of compalnaiits.
Ind tnortgagcon on son1o property to secure pny-
,uept Of the purchase moncy. Tbs purchasers
had not paid the amount due, and he iilesl bl'l
of foreclosure, md flnaly took decree Of strict
foreclosure, giving tho mortgngors thirty days
tn which to pa5 tho amount d,'c. Tie thirty
days passed without payment, but
no final order was entered. Tic case was taken
to the Supreme Court BY sone Of the nartl,es ,ss
Interested, and the decree Waa Reversed, inc
cause reminded, and tho eo!nplainanss finally
dismissed their Illl, After Wiltf'crgcrcotnmrne..
cd thc foreclosure suit he conveyed n portion Or
the premises ey TarFanty 1884, a ,crtn aa.Ss for for
payment, but before the suing out VI ~ rt wrst
pl error to take the u!sc to tic Supreme Court,
his grantee sold ind conveyed BY warlnnay n
deed and fof H.. lnll n The present
Hpf Kit. flroy, therefore, ciaimcd to hare per-
fect titiu 10 the property, on the ground that,
although ths foreclosure ucctee %a5 %1 tho caso
us urntnst Wiltbcrgcr md ali standing
In his Rlloes, tho foreclosure decree we goou !or
otng yet sy sy, %eFS ena far vais IL eos CO
rrntion. rsjyine on tic tilal decree ot court
Having f,,rsiictlon Of tho subject n1attcr and Of
tic PARTIES that tho desrse .oaad o. SH he
partics,a as fnal decree; that no other aeiion ot
4he colrt was necessary; that, although It's
elect might have been defeated W tllo payment
Of tic money within th!rty aaJs, 1nas Payni1S1 i1c
nn,l tic defendants were absolutely forcGlosed
wiil,ollt any furthcr action Of tho Court.
III tl,is ground they askctl for dccrcc estah-
1l thoInseiyss. W Many other questions were raised,
Judge Far,sull, however, held tho contrary.
He said l,c had grent difficulty In coming IT, a
sans asiss Il Z e f5s sspes aa s coa liz m sa}o IN
tho question, mid although there WIS great
force in tho cia.m Of tho complalnants, mid in
the Wow Of the lay taken BY then, . YET % the
tho correct rule The uniform languaGo of the
Courts md u the books seemed to be that II
, 5ss5ss Of +ds foreclosure % wss s!Snr to the os d.
liter TIC oxptrntIon Of tie time, n order u
Dolles vs. Duff, - n. z: Rcp.a ~; Thompson
"a nrat Maapsks Rep. % 1t6 ana TIC tsSt
Ch. r., 1,2i8, Coole on Mortgages, 5s3, aud Nit
for1's Equity plcalfngs, 210, SUSTAINED that
view.
,o - .ho t,sant,, iIHMs' anil 1,,r.oo rrs,,.
.nua m ~ romnsv osu ~ On M nettinm of v A. Trnn thu
Kecclyer,. Judge s1eoro entered m order
combining his expenditures on divers ac-
unts sS"iemses to hat' as s'a sssliyo sstiy"s sao as
Will various policy or stockholders, or mort
gagcors, tho most of tlle compromises being
1nade ", taking ,nortgaged property in pay-
Incnt ol tne eo a.as .ro wv pony w ts
r,o por1;nr nisd XII nH",st cor,,o,,
as Gna'es Il ot1Fs
bsck n + htIo,n II IL, BUICK ~ LII sAu'' o. "a'A''
Jo}tl @ Milton, aqmlnls,5rat0r, hegan sat ior
N,., NM,Wo against 'onn T. l9a"ci anu o''as'cs
iTmel' r7.uo, o.,... .x.,r,4 MT. T., ,u,,.
.a, nae 6a1sed h Stes ofougnhs eutt h,' ~ = acP'
Irraebs II D. Wiison Anes. 'o ~ II. snyds!r, ! md
y. =. Leaei, claiming si,-4 aamaees..
Harlow +: Smith filed BIZ! against Ebsn Z.
tunyau and large number o1otl1of t @ hcient!ants
Of Sec. %; the n. ". y OF Sec. 70; Tho ". a
q tha 3. Y. Aof Sec 70; and the 3. W, II OF
Sec. 20 all In Township %. n: r. H.
Final hearings and creditors meetings will bo
following casos: Craig d Russell; il F. Me.
11Udaa 1ra = = 2,a,a !! f. sssaRt w H.
iino iiS nn1S. I i R Rrxnrt; s r. K schecnhirns5r' ~ hurs5
Jr.; 7. C. Taylo:i 9. G. 7. Holden; ". II. Al
FIhk hn4i;. neqrg L. p1ntan n,I atecr E2n sus'on
W,iIam NJ 'Hg \ Eaan a,1A ,raa wM' eISctc Hsronoo f
Dewitt q. Crce1rf 4 CO. ''~
The crcditors' lnccting In the case OF O. g.
It1nnpson was continued until aug. II.
ZIG tne eIeailers OF Nopert Dongsas eoasn not
W.. ccrtsd ~ thn ~ sr vs nG 1or ny eai,