Buck v. Delafield

Citations

• 55 Ill. 31

Syllabus

<p>1. Tax title—necessity of supporting the deed by a judgment and precept. In a suit in chancery to foreclose a mortgage against the mortgagor and the grantee of the equity of redemption, the latter relied upon a tax title to prevent a foreclosure; but on the hearing produced only a tax deed, without judgment or precept: Held, the court properly decreed a foreclosure.</p> <p>2. Foreclosure—distribution of surplus. In a suit to foreclose a mortgage against the mortgagor, who has parted with his interest in the premises, it is error to order any surplus that may remain on a sale, after payment of the mortgage, to be paid over to the mortgagor. The surplus should be ordered to be brought into court, in order that its proper distribution may be directed.</p>