Grob v. Cushman

Citations

• 60 Ill. 201

Syllabus

<p>1. MonraAtm — judgment—redemption. Where a person executed a mortgage on real estate, and subsequently another person recovered a judgment against the mortgagor, which became a lien on the same land, an execution was issued on the judgment, and the premises were sold to another person who assigned the certificate of purchase to still another person, and three days after the right to redeem by the mortgagor had expired, the mortgagee filed a hill to foreclose, and on the same day the mortgagor entered his appearance, and a decree of foreclosure was afterwards entered ordering the payment of the money in ten days, and, in default thereof, that, on ten days’ notice, the land he sold, and the sale was made and the land purchased by a person not in interest, bidding $900 more than the amount of the decree on the foreclosure, and the money was not at the-time paid to the mortgagee, but the $900 was paid to the mortgagor, who was the father-in-law of the purchaser at the foreclosure sale; the purchaser at the execution sale, or his assignee of the certificate of purchase, was not made a part}’ to the foreclosure proceeding; the assignee filed a bill to redeem: Held, that his right to redeem was not lost.</p> <p>2. That, in such a case, he might redeem by paying the amount paid by the purchaser under the decree to satisfy the mortgage. When the hill to foreclose was filed the mortgagor’s right to redeem had expired, his equity of redemption had been sold, and he had failed to redeem within one year, and the assignee of the certificate of purchase under the execution sale held the equity of redemption, and not having been made a party to the foreclosure suit, his right to redeem was not cut off by the foreclosure sale.</p> <p>3. Decree — evidence to sustain it. Where the chancellor gives a certificate of evidence heard on the trial, and it is not sufficient to sustain the action of the court, the decree will be reversed, notwithstanding it finds and recites facts that are