Rockwell v. Servant

Citations

• 63 Ill. 424

Syllabus

<p>1, Limitation—when statute begins to run—on foreclosure of mortgage. As long as the relation of mortgagor and mortgagee exists, the statute of limitations will not run to bar the action of ejectment by the mortgagee against the mortgagor, or his heirs after his death. It will not commence t° i'u11 in favor of the mortgagor or his heirs until that relation is terminated in some one of the modes known to the law. The recovery of judgment on scire facias to foreclose will not terminate such relation.</p> <p>2. Same. Where a mortgagee recovered judgment on scire facias against the heirs of the mortgagor to foreclose a mortgage, under which the mortgaged premises were sold, and he became the purchaser: Held, that the statute of limitations did not begin to run in favor of the heirs and widow in possession against the purchaser and those succeeding to his rights, until after the time allowed by law for redemption had expired, and the purchaser was entitled to a deed for the premises; for until then all the rights of the mortgagee, his heirs and assignees, were not foreclosed and barred.</p> <p>3. Mortgage—when the relation of mortgagor and mortgagee is terminated. The mere recovery of judgment on scire facias to foreclose a mortgage will not extinguish the relation of mortgagor and mortgagee. The money will still be due, and the lien on the premises remain. Such judgment will not satisfy or discharge either the note or the mortgage, but both will remain in full force; and the right of redemption is continued until one year after sale under the judgment.</p> <p>4 Purchaser on foreclosure—rights of, until redemption empires. The purchaser of land under execution upon the foreclosure of a mortgage by scire facias has no legal title or right to be invested with the legal title until the time allowed for redemption has expired. He can not maintain .ejectment or other possessory action on his certificate of purchase.</p> <p>5. Redemption—on foreclosure of mortgage by sci. fa