O'Brian v. Fry
Illinois Supreme Court
Appeal from the Circuit Court of Jefferson county; the Hon. Tazewell B. Tanner, Judge, presiding. The record shows that, at the March term, 1872, a decree in chancery was rendered in the circuit court, in a proceeding to foreclose a mortgage, wherein Fry was complainant and O’Brian and his wife were defendants, by which decree it was “adjudged and decreed that defendants pay, in thirty days, $556.33, and that, in case the defendants should make default in the payment of the…
Read the full summary
Appeal from the Circuit Court of Jefferson county; the Hon. Tazewell B. Tanner, Judge, presiding. The record shows that, at the March term, 1872, a decree in chancery was rendered in the circuit court, in a proceeding to foreclose a mortgage, wherein Fry was complainant and O’Brian and his wife were defendants, by which decree it was “adjudged and decreed that defendants pay, in thirty days, $556.33, and that, in case the defendants should make default in the payment of the said money, then, and in that event, the said defendants are hereby required to surrender immediate possession of the…
1Opinion of the CourtJustice Dickey
In a proceeding in chancery to foreclose a mortgage by sale of the mortgaged premises, it is competent and regular for the court, in the original decree fixing the amount of the mortgage debt, and ordering a sale, to make an order that the mortgagor shall surrender to the purchaser the premises sold, after the expiration of the time allowed by law for redemption, and upon the making of the master’s deed. Where such order is contained in the original decree, the purchaser may have an order for a writ of possession, or, as it is called, a writ of assistance, commanding the sheriff to put him in…
2Cited by2 opinions
- Harding v. Le MoyneIllinois Supreme Court · 1885
- Higgins v. PetersonAppellate Court of Illinois · 1896