, 1879-08-15

satas ut Real Eatntr hy Mortgage.
IN The Edtar of 1At Tribune
BURLINGTON, H., Aue. 12.--1osltively ono ot
tho most u,sehcrous laws passcsl by tllc i!{n0fs
Legislature ut its late acsso,l was that which
requires AMI coniprls the sale Of real
property conditIonally decided to Fccusc tho
payment III money through decree Of some
Corrt. THIS law II probably copied from that OF
Iowa. no.li nra unjust md incqultablc IN the
extreme. More business Is put upon courts
a!ready reported to bo crowded beyond their
capacity. Tile Ia " il enacted exclusively In tile
interests Of lawscrs md nut ut oil In that Of the
public Mt lnfgc.
flow this law works IN the atnte OF Iown may
be shown by q sample legal notice, where
the creditor, In t!,c case In h,nd mutual or
bencvolent loan association, lcnnnt1s, anA Will
rccclyc from It's driaultlng creditor or bis
property secured to the association for money
advanced, St0o, attorneys fees, for tho collec-
ton Of debit Of STOOL Could anytttnr he more
outragcously unIust1 Tet such cases occur daily.
Tacntv.tye pcr cent costs of collection!
Nh State ought ever to compel the collection
OF debts secured y real astatc. on which there
arc no contests or doubtful Law points. trollSl,
the courts. 'll.eao ia,Tc intended lor entirely
different purposes. Whcre attorneys are per
tnlttcd to step In md intcrnoRe between debtor
mud creditor, nnu lew tnll nr blaclinall fr0n
DOTH 10 ECEuTp LllG UlFEsL 3AbtllSt W NEbGAt
1t, law bccotncs fnrcc as well us fraud, md
both sides nre wrongch. In tsn tnsc Of the laws
ndnlcd, neither purity car help themselves, Of
rvatle the pocket pfcKtnf. demands Of attorneys.
rl,ey are left without nnY other resort or de-
vice. ,.......
In Ohio mud some other States Judgment
notcs aro allowed by law, n1'tl book reeordInE
the *ame IL kept III tlM Recorler'a tr Clerk OF
the Co,lrt's Office. Money loane.1 on q Judgment
noio sccurcs The property mentioned in The same
to The creditor, who can Apply to the Sheriff IN
process without tic expensive Interference Of nnr
attorney or any unnecessary or Translucent
tleiny, or by further loadlnE on courts s'rca1y
oyrycrowde1 with Cascb other duties which G4uIt
| abty do not belung to t1cm at Nft.
Ii would be we'll enough to. protect unSor.
tunste debtors who arc unable to pay tiftr
debts, which arc secured on rcAl cstute. br Giy-
| tny tlcm year or fifteen months nttel sale to
| rcJgeln tic property, which In tile meantime 's
TO be In the pUssesston of the purchaser Mt the
| sale. The present Iowa law, which retains. the
| property In tic hantls oi tht debtor for ii ycsr
for redemption. willie he pnfs 10 taxes u II or
insurance, md abuses It as lIe p!euses, prevents
| oncnnr from, buvtEg excopt thc mofteuEce, who
| Ia compelled to buy It, nlld thus really ue1rallds
| thu lebtor bF preventing oil competition Ut
| snle where 1t might hrin:. better price.
! All laws that delay tho Just n,N1 prompt col
lectIons Of iebts, or that pile unnecessary eK-
| pcnse upon lfn pfoceRs oi collection, only III
crease the troubles OF the debtor. and renlcr
ills position still worse through such provisions
ior eyadng tho lnws. They nut of the cvil
day, It ts true, hut sll0 pr0grasttnat!uH ID ruin
OTIS to the debtor Mna unjnst tn tic creditor:
/ All such laws ought To be promptly repeated
where they now exist, Us thoY do III Iowa mud
Illinois. JUSTICE.