Dunn v. Rodgers

Citations

• 43 Ill. 260

Syllabus

<p>1. Sheriff’s return—lecme to amend.- Seld, that the. court may grant leave to a sheriff to amend his return to process either before or after a decree is rendered in the case, and that it is not error to grant such leave without notice to-the opposite party. The return is not the service, hut only the evidence of it. The officer makes the return to process at his peril; if false, he is .liable to an action for the false return.</p> <p>2. Decebe—error on a, bill of review. Where a decree of foreclosure finds the amount of the debt due, and under a provision in the mortgage authoriz,ing a decree for an attorney’s fee, and for expenses of the mortgagee in bringing suit, and the master reports an attorney’s fee of ten dollars, and the mortgagee two dollars for expenses, which is approved, hut the court, in rendering the decree, added twelve dollars as an attorney’s fee, but nothing for expenses: XLeld, the amount being the same,, there was no error in the decree.</p> <p>3. Same—error removed by sale of property. Where the purchaser of ■the equity of redemption of .mortgaged property is made a defendant to a hill to foreclose, it seems to he error to render a decree, that he pay the mortgage -debti The decree should he against the mortgagor, but by the sale of the ■mortgaged premises in satisfaction of the'debt, the error is removed, and aá the purchaser of the equity of redemption thus ceases to he liable, he-cannot ■impeach the decree on a bill of review.</p> <p>4. Decebe—sale under—redemption. Under the statute a mortgagor- has twelve months within which to redeem the premises sold under a decree of ■foreclosure, and the purchaser of the equity of redemption succeeds to the rsame rights, and where he is made a party to a foreclosing, he mhst redeem-within that time or he barred. Not being a judgment Creditor he cannot ■claim a longer period.</p>