Hollingsworth v. Koon

Citations

• 117 Ill. 511

Syllabus

<p>1. Bill to redeem—in case of two mortgages—apportionment of the debts. On bill to restrain the sale of lands under powers of sale in two separate mortgages, and for an account of the sum due on each, and for redemption on payment of the sums found due, the court found the total sum due on both mortgages, making no apportionment, so that the land in each should bear its just proportion of the debt: Held, that the decree was erroneous in this respect.</p> <p>2. Same—terms ilpon which redemption should be allowed. On bill to redeem from mortgages, the court found the amount due from complainant, and decreed that he pay that sum, with interest and costs, as a condition to relief, to the clerk of the court, for the benefit of such of the defendants as should appear to be entitled thereto, within three months, and further decreed that in default of his paying the defendants said amount, with interest, his bill should stand dismissed: Held, that the decree was improper, oppressive and erroneous.</p> <p>3. In such a case the proper course is for the court, after finding the sum due from the complainant, to direct its payment, and in default thereof order a sale of the lands, with the usual statutory redemption.</p> <p>4. Costs—on bill to redeem. Where a bill is filed by a mortgagor to have an account taken of the sum due under the mortgage, which sets up usury and various usurious payments, as to which there is a sharp contest, and the court finds there is much less due the defendants than was claimed, the court should require each party to pay his own costs.</p> <p>5. Chancery—practice on sustaining exception to the master's report. Where an exception is sustained to an item of charge in a master’s report wrongfully allowed by the master, the report should be corrected by striking out such improper charge.</p> <p>6. Gross-errors—when necessary. Where the court, in rendering a decree upon the master’s report, deducts from the sum reported, an item of charge, to which no