Blazey v. Delius

Citations

• 74 Ill. 299

Syllabus

<p>1. Foreclosure—sale for part of debt not due. On foreclosure of mortgage the court may direct the whole mortgaged premises to be sold, if most conducive to the ends of justice in reference to the equitable rights of all parties, although a part only of the mortgage debt has become due; but the fact that the premises are a meager and scant security, and are going to ruin and decay, does not j ustify their sale for a debt not due.</p> <p>2. On bill to foreclose two mortgages, one of which embraces land not included in the other, and where the whole debt is not due, the decree found that the mortgagor was insolvent and the premises could not be sold in parcels without prej udice to the parties, when there was no allegation in the bill to admit such proof, and authorized a sale en masse for the whole debt due and to become due: Held, that the decree was erroneous.</p> <p>3. Same—of the decree for sale for debt not all due. If a sale of mortgaged premises is ordered for the entire debt, a part of which is not due, the decree should protect the rights of the mortgagor, so that in redeeming he will not be compelled to pay money before it is due under the contract.</p> <p>4. Same—sale of lands not embraced in. Where two mortgages are partly upon the same premises, but one including land not in the other, it is error to decree the sale of the land not embraced in one mortgage for its satisfaction, and thereby increase the .burden upon the premises in the other mortgage.</p>