Willard v. Boggs

Citations

• 56 Ill. 163

Syllabus

<p>1. State of war—absence of debtor in enemy’s country—suspension of creditor’s rights thereby. The last of a series of notes secured by mortgage upon lands lying in this State, having matured in September, 1861, an assignee of the notes and mortgage, who resided in this State, in pursuance of a power contained in the mortgage, in November following sold and conveyed the mortgaged premises to a third person. In May, 1860, prior to the maturity of such note, the mortgagor went to New Orleans, where he remained until June, 1862, when the city was occupied by the Federal forces, and soon after he returned to this State: JBeld, that neither the contract of indebtedness nor the power of sale was suspended during the debtor’s residence within the confederate lines, so as in anywise to affect the validity of the sale made during that time.</p> <p>2. Same —effect of the prohibition of commercial intercourse during the late rebellion. As was held in Mixer et al. v. Sibley et al., S3 Ill. 61, the act of congress of July 12, 1861, empowering the president to prohibit, by proclamation, all commercial intercourse between the rebellious and the loyal States, and the proclamation of the president in pursuance thereof, issued August 16,1861, prohibiting such intercourse, were not designed to deprive creditors in the adhering States of the use of all such remedies for the collection of their debts, as the laws of those States gave them.</p> <p>3. Redemption from sale under power in a mortgage —as against a third person — where the debtor resided within one of the rebellious States. Where a sale of land was had under a power of sale in a mortgage, at a time when the mortgagor was residing in one of the rebellious States, during the late war, and the purchaser at such sale was a stranger to the mortgage, without notice of any reason why the power could not properly be exercised, he would be protected against any claim on the part of the debtor to a right of redemption based upon the