Bœster v. Byrne

Citations

• 72 Ill. 466

Syllabus

<p>1. Witnesses—defendants not competent, in suit by an administrator. In a suit by the administrator of a mortgagee to foreclose a mortgage against the mortgagor and subsequent purchasers from him, such subsequent purchasers are not competent witnesses on behalf of the defendants to prove payments on the mortgage.</p> <p>3. And the fact that such subsequent purchasers hold under a warranty deed, upon which they might have a remedy over against their grantor in case of their suffering damage from the mortgage, would not change the fact of their having a direct interest in the removal of the incumbrance from their land, and therefore being incompetent witnesses.</p> <p>3. Decree of foreclosure—its requisites in respect to redemption. The more formal mode of decreeing a foreclosure of a mortgage is, to direct that the mortgagor pay the amount due, and, in default of payment, that the master sell the land, and if not redeemed, then all the rights of the defendants be foreclosed; but the right of redemption provided by the statute will not be considered as denied by a decree, although it may declare a foreclosure without reference to the subject of redemption.</p>