Ware v. Cratty

Citations

• 66 Ill. 197

Syllabus

<p>Chancery—bill to open dem'ee of foredoswre and to redeem, from mortgage. After decree of foreclosure and sale thereunder at the suit of the party in possession, the mortgagor filed his bill to open the decree and to charge the complainant in the former suit with rents and profits of the mortgaged premises, and offering to pay any deficiency necessary to redeem from the mortgage. The bill was not brought to a hearing until after the time of redemption had expired. No fraud was charged in obtaining the decree of foreclosure, and nothing was shown why the mortgagor did not seek to have the rents and profits applied pro tanto in payment of the mortgage debt, and the latter, in his answer to the bill to foreclose, had set up payment under which he might have established payment to the extent of such rents and profits: Held, that the latter bill, whether it was a bill of review or a bill in the nature of a bill of review, showed no equity on its face, as it sought to treat the mortgage debt as still subsisting when it had been extinguished by the decree of foreclosure and sale thereunder.</p>