Flanagan v. Wilson
Decision Date | 16 December 1940 |
Docket Number | No. 25881.,25881. |
Citation | 30 N.E.2d 647,375 Ill. 179 |
Parties | FLANAGAN et al. v. WILSON et al. |
Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Suit by S. K. Flanagan and others against W. W. Wilson and others, to set aside a real estate mortgage foreclosure sale and for other relief. From that part of a decree which directed that plaintiffs had a right of redemption and that they should pay redemption money, plaintiffs appeal.
Cause transferred to the Appellate Court for the Fourth District.Appeal from Circuit Court, Jefferson County; W. Joe Hill, judge.
Smith & Murray and William C. Stephens, all of Centralia, for appellants.
Curtis Williams and Alvin Lacy Williams, both of Mount Vernon, for appellees.
April 23, 1920, appellants Samuel K. Flanagan and other co-tenants mortgaged eighty acres of land located in Jefferson county to appellees the school trustees, to secure the payment of $1,000 due in five years, with interest at six per cent per annum. The debt was not paid when due and a foreclosure suit was instituted. July 16, 1931, a decree of foreclosure was entered which fixed the amount due and directed the mortgagors to pay within ten days. Default was made in the payment, and, pursuant to directions contained in the decree, the master in chancery advertised the property for sale and on August 24, 1931, sold it to the school trustees, their bid being the amount of the debt, interest and costs. After the expiration of fifteen months allowed by the decree for redemption the master in chancery executed a deed conveying the property to the school trustees and they went into possession of the same.
In 1939, the appellants, including the survivors of the original mortgagors and the heirs-at-law of those who have died since the giving of the mortgage, filed this suit attacking the validity of the sale, the certificate of purchase and the deed of the master in chancery. The basis of the charge was that the mortgage, being dated in 1920, the foreclosure and redemption was subject to the 1917 amendatory provisions (Laws of 1917, p. 558, Smith-Hurd Stats. c. 77, §§ 16-30) of the Judgments act, the effect of which was to provide that no sale should be made until after the period of redemption. Appellants prayed that all the proceedings in connection with the sale be declared void in so far as they attempted to operate as a conveyance of the legal or equitable title, and that the master in chancery's deed made pursuant to the decree be canceled as a cloud on appellants' title. After a motion to strike had been sustained, appellants amended their complaint by alleging they were ready and willing at any time to pay the trustees of schools such amount as might be found to be due and owing under the terms of the mortgage and that they stood ready to do equity to the defendants in whatever manner the court should order and direct. Appellees' answer admitted substantially all the allegations of the complaint and accepted the offer of appella...
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