Haworth v. Huling

Citations

• 87 Ill. 23

Syllabus

<p>1. Interest—computation in case of partial payments. The computation of interest on a note where there are partial payments, up to some advanced time, and the allowance of interest on the payments up to the same date, is not in accordance with the rule sanctioned by this court.* </p> <p>2. Same—interest on interest due. A debtor, on settlement, may, if he chooses, allow interest on annual interest due and unpaid, and this will not render the transaction illegal.</p> <p>3. Settlement—of parties binding. On bill to foreclose a mortgage, it was held that a prior settlement between the debtor and creditor as to the amount of principal and interest then due was conclusive, and that it furnished the basis on which to compute the interest thereafter accruing.</p> <p>4. Chancery—reference to master. On foreclosure of a mortgage, where the master has reported all the facts, showing the several items of credit and their dates, it is not. necessary to again refer the case to him to calculate the sum due.</p> <p>5. Foreclosure—division and sale of mortgaged premises. Where lands are divided and sold by the mortgagor after the execution of the mortgage thereon, a purchaser of a portion who agreed to pay a proportionate share of the mortgage debt, will have no right to object that a decree foreclosing the mortgage apportions the mortgage indebtedness as to the several divisions conveyed, when his parcel is not charged with more than its equitable share.</p> <p>6. Service—sufficiency of evidence to overcome a finding of service in decree. Where a decree finds that each of several defendants had been served with process more than ten days before the term at which it is entered, that being a term subsequent to the return term, the evidence of due service thus afforded is not overcome by the fact that, no summons appears in the record, except that returnable to the first term, and it shows two of the defendants were not found. Such finding is prima facie evidence of the fact.</p>