Osgood v. Stevens
Illinois Supreme Court
This was a proceeding by appellee against appellants to foreclose a mortgage by scire facias, under the statute. A general demurrer was filed to the sci. fa., which was overruled, and defendants below, abiding by their demurrer, judgment was rendered for $1,120 in damages, and execution awarded, not against the mortgaged premises, but against defendants. The defects in the sci. fa. are fully stated in the opinion, and a correct precedent is pointed out.
1Opinion of the CourtWalker, J.
This proceeding is instituted under the 23rd section of chapter 57, R. S., p. 300. That section provides that when default shall be made in the payment of any sum of money secured by mortgage on land, duly executed and recorded, and the payment is to be made by installments, when the last of them has become due, the mortgagor, etc., may sue out a writ of scire facias, from the proper clerk’s office, and upon service, or the return of two nihils, may proceed to judgment against the mortgaged premises for the amount of the mortgage debt and interest then due. But it provides that the judgment,…
2Cases cited1 opinion
- Woodbury v. ManloveIllinois Supreme Court · 1852