Blazey v. Delius
Illinois Supreme Court
Writ of Ebbob to the Common Pleas Court of the city of Aurora; the Hon. Biohabd GL Momtohy, Judge, presiding. On the 15th day of November, 1873, William Delius and Detmar Delius, defendants in error, filed their bill in chancery against' Charles Blazey and Margareth, his wife, to foreclose a mortgage executed by the two latter on the 3d day of January, 1872, to secure the payment of a promissory note of that date, made by said Charles, payable on July 8, 1876, with ten per…
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Writ of Ebbob to the Common Pleas Court of the city of Aurora; the Hon. Biohabd GL Momtohy, Judge, presiding. On the 15th day of November, 1873, William Delius and Detmar Delius, defendants in error, filed their bill in chancery against' Charles Blazey and Margareth, his wife, to foreclose a mortgage executed by the two latter on the 3d day of January, 1872, to secure the payment of a promissory note of that date, made by said Charles, payable on July 8, 1876, with ten per cent interest payable annually. The bill states that $340 of interest is due; that the premises are a scant security…
1Opinion of the CourtJustice Sheldon
It is impossible to uphold this decree in its present form. It provides that in case there shall be no bidders for the premises when offered in parcels, then the premises may be sold in whole, to make the whole amount of the indebtedness due and to become due, of which $3,400 would not become due until July 3, 1876.
This was erroneous. Not that the court might not direct the whole mortgaged premises to be sold if that should be most conducive to the ends of justice in reference to the equitable rights of all parties, although a part only of the mortgage money had become due. Bank of…
2Cases cited2 opinions
- Bank of Ogdensburgh v. ArnoldNew York Court of Chancery · 1835
- Scribner v. HickokNew York Court of Chancery · 1820
3Cited by3 opinions
- Brown v. KennicottAppellate Court of Illinois · 1889
- Knight v. HeaferAppellate Court of Illinois · 1898
- Snow v. HabererAppellate Court of Illinois · 1912