Edgington v. Hefner

Citations

• 81 Ill. 341

Syllabus

<p>1. Release of mortgage lien does not release debt on the note. Where several notes, falling due at different times, are secured by a mortgage upon real estate, a release of the lien of the mortgage as to part of the land mortgaged, at the request of the mortgagor, and to enable him to sell free of the incumbrance, is not a release or discharge of the indebtedness evidenced by the notes.</p> <p>2. Where notes are secured by a mortgage on real estate, and upon the maturity of a part of them the mortgagor sells a portion of the land, and the mortgagee releases his lien on the part sold, and receives the purchase money in payment of the notes then due, he does not thereby release his right to sue for and recover the amount of the other notes when they become due.</p>