Hagan v. Parsons

Citations

• 67 Ill. 170

Syllabus

<p>1. Limitation—seven years under act of 1839—as against mortgage, by mortgagor or those succeeding him. Parties purchasing land with notice of a lien reserved in the deed to their grantor, can not defeat a proceeding to foreclose or enforce the lien by seven years possession and payment of taxes upon the land. The limitation law of 1839 has no application to such a case.</p> <p>2. Same—as to foreclosure. The mortgagee’s right of foreclosure is not barred until the debt itself is barred by the statute of limitations, which is the period of sixteen years.</p>