Bozarth v. Landers

Citations

• 113 Ill. 181
• 1885 Ill. LEXIS 682

Syllabus

<p>1. Appeal—on certificate of Appellate Court—in a suit to foreclose mortgage. On bill to foreclose a mortgage, where the circuit court found against the validity of a tax title claimed by the wife of the mortgagor, acquired by her independent of her husband, an appeal by the wife will lie from the judgment of the Appellate Court affirming the decree barring the wife from the assertion of her title, when the Appellate Court makes the necessary certificate to enable her to do so.</p> <p>2. Foreclosure—trying independent title claimed by the wife of the mortgagor. On bill to foreclose a mortgage given by a husband to secure a debt of Ms own, -in which his wife joined, the latter set up a title subsequently obtained at a tax sale, being an adverse claim of title in no way connected with the title of the mortgagor. A decree of foreclosure was entered, which provided that in default of payment, “all right and equity of redemption of said defendants therein be forever barred and foreclosed. ” This was held to be error. The decree should have been one simply of foreclosure, leaving the purchaser under the decree and the claimant under the tax title, to settle their respective rights in a court of law, where legal titles are more properly cognizable.</p>