Legal Opinion

Mason v. Northwestern Insurance

Supreme Court of the United States

Decided November 20, 1882No. 79PublishedCited by 7 opinions

Appeal from the Circuit Court of the United States for the Northern District of Illinois. The Northwestern, Mutual Life Insurance Company filed, Dec. 10, 1875, a bill in the court below to foreclose a mortgage given May 7, 1874, by Murphy and wife, to secure his bond to the company for 140,000. The mortgage covers certain land situated in the city of Chicago, which they subsequently conveyed to Mason in trust for the benefit of Murphy’s creditors.

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Appeal from the Circuit Court of the United States for the Northern District of Illinois. The Northwestern, Mutual Life Insurance Company filed, Dec. 10, 1875, a bill in the court below to foreclose a mortgage given May 7, 1874, by Murphy and wife, to secure his bond to the company for 140,000. The mortgage covers certain land situated in the city of Chicago, which they subsequently conveyed to Mason in trust for the benefit of Murphy’s creditors. The bill prays for a decree ordering that payment of the amount due be made, and in default thereof that the land be sold by and under the…

1Opinion of the CourtJustice Miller

The error relied on to reverse the decree is the absolute foreclosure of the equity of redemption, without allowing the time fo.r that purpose which the statute of Illinois provides. The case comes directly within Brine v. Insurance Company, 96 U. S. 627. Indeed, it is stronger, for while in that case we took the admission of 'counsel on both sides that “ a sale in accordance with the course and practice of the-court” meant a sale which did not admit of any equity of redemption, we have in this case a decree of confirmation of the sale which expressly and in the strongest terms cuts off all…

2Cases cited2 opinions

  1. Brine v. Insurance Co.Supreme Court of the United States · 1878
  2. Suitterlin v. Connecticut Mutual Life InsuranceIllinois Supreme Court · 1878

3Cited by7 opinions

  1. Crown Cork & Seal Co. v. Aluminum Stopper Co.Court of Appeals for the Fourth Circuit · 1901
  2. Parker v. DacresSupreme Court of the United States · 1889
  3. Tolbert v. State Bank of PadenSupreme Court of Oklahoma · 1911
  4. Turk v. MayberrySupreme Court of Oklahoma · 1912
  5. Mutual Benefit Life Insurance v. LyonsIllinois Supreme Court · 1939

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