Ortengren v. Rice

Mr. Presiding Justice Ball

delivered the opinion of the court.

Litigants are slow to learn that one of the objects for which courts are constituted is to enforce lawful contracts. In the case at bar the rents, issues and profits of the real estate, as well as the real estate itself, were pledged as security for the indebtedness. Such a contract may be lawfully entered into, and, when fairly executed, the courts will, upon a proper occasion, enforce it, even though it be admitted that the premises are adequate security for the debt and that the mortgagor is solvent.

At common law the mortgagee…