Moshier v. Norton

Citations

• 100 Ill. 63
• 1881 Ill. LEXIS 70

Syllabus

<p>1. Mortgage—accounting by mortgagee in possession. Ordinarily a mortgagee in possession is only required to account for the actual receipts, less such sums as he may have paid for the taxes and necessary repairs; but he will be answerable for any gross neglect or willful default resulting in loss to the mortgagor.</p> <p>. 2. Where the mortgagee in possession resided twenty-five miles from the mortgaged premises, and occupied them through a tenant, it was held, that general evidence of the rental value, what amount of crops was raised by others on other lands, and opinions of what ought to have been raised or what was raised, which was greatly variant, was not sufficient to show that it was from willful default or gross negligence of the mortgagee that the receipts from his tenant were not greater.</p> <p>3. Same—mode of stating account between mortgagor and mortgagee in ' possession. In stating an account between a mortgagor and the mortgagee in possession, any surplus of receipts in any year above all the interest then due, and disbursements, should be applied in reduction of the principal, irrespective of the fact whether there was or was not interest in arrear at the time the mortgagee took possession.</p> <p>4. Same—mortgagee in possession suffering sale for taxes, not allowed amou/nt of redemption. If the mortgagee in possession suffers the lands to be sold for taxes, he will not be allowed the amount paid by him to redeem, but only the amount of the taxes, with interest. /</p> <p>5. Res ad judicata—matters decided on prior appeal. On a second appeal to this court, the propriety of the decision of this court as to a point in the case on the first appeal, is not open for review. Its reconsideration can he had only by a rehearing.</p>