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MASON V. NORTHWESTERN INS. CO., 106 U. S. 163 (1882)

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U.S. Supreme Court

Mason v. Northwestern Ins. Co., 106 U.S. 163 (1882)

Mason v. Northwestern Insurance Company

Decided November 20, 1882

106 U.S. 163


1. Where the circuit court adjudged the sale of mortgaged lands in Illinois and foreclosed the defendant's right to redeem them from and after such sale, he waives no error by omitting to tender the money within the statutory period allowed for redeeming them, he having within two years after the date of the decree appealed therefrom.

2. Brine v. Insurance Company, 96 U. S. 627; Burley v. Flint, 105 U. S. 247, and Suitterlin v. Connecticut Mutual Insurance Co., 90 Ill. 483, commented upon.

The Northwestern Mutual Life Insurance Company filed Dec. 10, 1875, a bill in the court below to foreclose a mortgage given May 7, 1874, by Murphy and wife to secure his bond to the company for $40,000. The mortgage covers certain land situated in the City of Chicago which they subsequently conveyed to Mason in trust for the benefit of Murphy's creditors. The bill prays for a decree ordering that payment of the amount due be made, and in default thereof that the land be sold by and under the direction of the court in satisfaction of the decree, and that all persons claiming by, through, or under the defendants or any or either of them be forever barred and foreclosed of and from all title, interest, claim, demand, and all right and equity of redemption whatsoever in or against the land or any part thereof. Mason was made a party defendant, and he filed an answer setting up, inter alia, that the complainant ought not to have the relief prayed for in the bill inasmuch as the statutes of Illinois provide that land sold by virtue of a decree of foreclosure may, in the manner which they prescribe, be redeemed within fifteen months of such sale, and he prayed the same advantage of the answer as if he had pleaded or demurred to the bill of complaint. The court, Jan. 2, 1877, entered a decree for the amount due upon the mortgage, and directing the master to make a sale of the land in question according to the course and practice of the court. He reported, July 24, 1877, a sale of the land to the complainant May 8, 1877, and a decree was entered July 31, 1877, confirming the sale, ordering him to execute to the complainant a deed of the land, adjudging the defendants to be forever barred and chanroblesvirtualawlibrarychanroblesvirtualawlibrary

Page 106 U. S. 164

foreclosed from all equity of redemption and other claim, legal or equitable, of, in, and to the land and every part thereof. Mason appealed from both decrees, and assigns for error that the court below erred first in denying to him, by the decree entered Jan. 2, 1877, the right to redeem from the sale thereby ordered, as prayed for by his answer, and in ordering the sale to be made in accordance with the course and practice of the court, without making provision for the redemption after sale; secondly in confirming, by the decree entered July 31, 1877, the master's sale made without redemption; in ordering him to execute a deed of the land before the time of redemption allowed by the statutes of the state had expired, and adjudging that the defendant should be forever barred and foreclosed from all equity of redemption and other claim in and to the land.

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