Suitterlin v. Connecticut Mutual Life Insurance

Citations

• 90 Ill. 483

Syllabus

<p>1/ Foreclosure in Federal court—decree of sale without redemption—effect upon the statutory right to redeem. Where a decree of the Circuit Court of the United States, on a bill to foreclose, found the sum due under the mortgage, and required its payment by a given time, and ordered a sale without redemption in case of default in payment, it was AeM, that even if the latter part of the decree was void it did not invalidate the residue, or make null all the subsequent proceedings in its execution, but that the mortgagor might have redeemed within one year from the sale, notwithstanding the master’s deed, and not having done so or offered to redeem within the time given by statute, t.he deed was not void, though given before the expiration of the period allowed for redemption.</p> <p>2. It seems that in a decree of foreclosure, a mere order of sale, without saying anything as to redemption, would be good, and such a decree would not defeat the right to redeem, which is conferred by the statute and not. by the decree of the court.</p> <p>3. If the officer selling land under a decree of foreclosure which simply orders sale for default in payment, should disregard the statute, and instead of giving a certificate of purchase should give the purchaser a deed at once, it would not defeat the right to redeem, nor give the right of present, possession, at least in equity, hut the deed would remain inoperative in effect until the expiration of the time given for redemption by the statute, when it may stand as a valid execution of the decree.</p> <p>4. Where a decree for the foreclosure of a mortgage directed the sale of the mortgaged premises without, allowing the statutory right of redemption, it was held, that if it was merely erroneous in this respect, it could not be questioned collaterally, but if void, so far as it denied the right of redemption, it could not have the effect to deprive of that- right., and a bill filed by the mortgagor after the time prescribed by the