Oldham v. Peleger

Citations

• 84 Ill. 102

Syllabus

<p>1. Ejectment — by heirs of mortgagor against grantee of mortgagee. Although the foreclosure of a mortgage, and sale thereunder, may be void for want of jurisdiction in the court rendering the decree, the heirs of the mortgagor, there having been no redemption, can not maintain ejectment against the mortgagee or his grantee in possession.</p> <p>2. Mortgage—title and rights of mortgagee. Under the rulings of this court, as in England, the mortgagee of lands is held, in law, the owner of the fee, having the jus in re as well as ad rem, and entitled to all the rights and remedies which the law gives such owner, and he may, after condition broken, maintain ejectment against the mortgagor.</p>