Terry v. Trustees of Eureka College

Citations

• 70 Ill. 236

Syllabus

<p>1. Fobeclosube—when whole debt becomes due for non-payment of interest. If a mortgage or deed of trust provides that the whole debt shall become due and payable on default in the payment of the interest on the notes secured, the same may be foreclosed as to the whole debt upon default in paying interest.</p> <p>2. Couveyance—of maoried woman may be proved. Since the act of 1869, the deed of a married woman is valid and binding upon her, though not acknowledged as required by the act of 1845, and if the certificate of acknowledgment is defective, it may be proved, as in the case of a feme sole.</p> <p>3. Same—execution by mao'ried woman may be admitted. Where a bill to foreclose a deed of trust, executed by a husband and wife since the act of 1869, charges that the defendants made, executed and delivered the same, the default of the defendants is an admission of that fact, and will dispense with the necessity of proving the execution of the deed as to the wife.</p> <p>4. Amehdmekt—return of service. If a sheriff’s return of service is defective in not stating the precise mode of service of a summons, it may be corrected even after error brought.</p> <p>5. Chanceby practice—leame to answer after default. It is not' error to refuse to allow a defendant to answer a bill in chancery after default, who, in his application, fails to show he has any defense.</p>