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100 Ill. App. 310

Wright v. Neely

Appellate Court of Illinois

Decided February 21, 1902

Appellate Court of Illinois · decided 1902-02-21

<p>1. Solicitor’s Fees— Where $750 Is a Reasonable Fee in Foreclosure Proceedings.—For conducting a foreclosure proceeding where the amount found due to the first mortgagee is $38,725.85, the allowance of a solicitor’s fee of $750 is not unreasonable.</p> <p>2. Foreclosure—What Is a Reasonable Time for Payment Before Sale.—In a foreclosure proceeding, what is a reasonable time for payment before the mortgaged property may be advertised for sale, rests in the sound discretion of the court.</p>

Relies on Metheny v. Bohn · Heffron v. Gage · Louisville, New Albany & Chicago Railway Co. v. Wallace

Affirmed · Decided 1902-02-21

Me. Justice Wateeman

¶1delivered the opinion of the court.

¶2It is urged that the testimony that $750 is a usual and customary fee of a solicitor for conducting foreclosure proceedings such as was this, did not justify the finding that such sum is a reasonable fee.

¶3The Supreme Court have frequently held otherwise. Reynolds v. McMillan, 63 Ill. 46; Nathan v. Brand, 167 Ill. 607; L., N. A. & C. Ry. Co. v. Wallace, 136 Ill. 87; Heffron v. Gage, 149 Ill. 192; Metheny v. Bohn, 164 Ill. 495; Guignon v. Union Trust Co., 156 Ill. 135.

¶4The sum of $25 as attorney’s fees was properly allowed to the second mortgagee under the clause in its mortgage that the grantor should pay all costs incurred or paid by it in any suit to which it should be a party by reason of being a party to said mortgage.

¶5It was entirely proper for the court in its decree to find the interest down to the date of the decree. Goodwin v. Bishop, 145 Ill. 421-426.

¶6Nor was there any error or anything inequitable or prejudicial to appellants in including in the computation the amount of an interest coupon at one time indorsed to the Merchants National Bank, but which at the hearing was in the possession of the complainant Borland, and so far as appears, was, as is the presumption from possession, actually hers. Richard v. Darst, 51 Ill. 140.

¶7The court by its decree ordered that sale should be made unless payment was made within twenty days therefrom. Actually, sale could not be made until the lapse of three weeks after the expiration of the. twenty days.

¶8As to what is a reasonable time for payment before the property may be advertised for sale rests in the sound discretion of the court. C. & S. S. Rapid Transit R. R. Co. v. Northern Trust Co., 90 Ill. App. 460.

¶9It is manifest that the rule as to such time in England and other jurisdictions wherein the sale is absolute, there being from it no right of redemption, is not applicable where fifteen months for redemption from the sale is allowed.

¶10The decree of the Superior Court is affirmed.

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