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68 Ill. App. 632

Bailey v. Green

Appellate Court of Illinois

Decided February 9, 1897

Appellate Court of Illinois · decided 1897-02-09

<p>1. Foreclosure—Different Mortgages on Different Premises—Decrees—Jk decree upon a bill to foreclose a trust deed upon certain premises, and a cross-bill to foreclose a junior mortgage upon the same and other premises, which orders the sale of the property covered by such mortgages unless there is paid the amount due upon each, is erroneous.</p>

Cited by 2 later decisions — most recently December 1898

2 state decisions

Relies on Brown v. Kennicott

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded, with directions · Decided 1897-02-09

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Mr. Justice Waterman

¶1delivered the opinion op the Court.

¶2The decree is erroneous, in that it orders the sale of the ' property covered by each mortgage unless there is paid the amount due upon each. The decree should have ordered a sale, first, of lot 32, unless there were paid to Hetty H. E. Green the amount due upon her mortgage, and ordered a separate sale of lot 32 and lots 74 and 75, unless there were paid to Hetty S. A. H. Green the amount due upon her mortgage.

¶3The court should also have equitably apportioned the amount of costs and fees properly taxable and chargeable between the several properties; a certain proportion thereof to be paid, or said lot 32 would be sold upon the decree upon the mortgage belonging to Hetty H. E. Green, and a certain proportion thereof to be paid, or said lot 32 and lots 74 and 75 would be sold upon the decree upon the mortgage belonging to Hetty S. A. H. Green. If the proceeds of the first sale of lot 32 more than discharged the claim of Hetty H. E. Green, the surplus should be applied in reduction of the amount due Hetty S. A. H. Green. Brown v. Kennicott, 30 Ill. App. 89.

¶4We find no other error.

¶5The decree of the Circuit Court is reversed, and the cause remanded, with directions to enter a decree in accordance with the opinion of this court.

¶6Eeversed and remanded, with directions.

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