Mosely v. Schoonhoven

Appellate Court of Illinois

Mosely v. Schoonhoven

12 Ill. App. 113, 1882 Ill. App. LEXIS 162

DecidedFebruary 9, 1883

StatusPublished

This text of 12 Ill. App. 113 (Mosely v. Schoonhoven) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mosely v. Schoonhoven, 12 Ill. App. 113, 1882 Ill. App. LEXIS 162 (Ill. Ct. App. 1883).

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Opinion

Pee Cdeiam.

Upon a decree to foreclose a mortgage in favor of defendant in error the premises were sold, but for an amount less than decree, interests and costs, and upon coming in of the master’s report a decree for the sum of $626.70 was entered against Charles S. Mosely and execution awarded.

Ho error is perceived in the decree of foreclosure, but the decree for a deficiency was too large, as only $274 was due at its rendition.

The defendant in error has, however, remitted in this court all of the decree above the said amount due, and thereby cured that error. The decree for foreclosure will be affirmed and the decree for the deficiency will be affirmed for $274, the balance having been remitted; but as there was error in that decree before the entry of the remittitur the costs in this court will_ be equally divided between the defendant in error and the plaintiff in error Charles S. Mosely.

Decree affirmed.

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Pee Cdeiam.

Upon a decree to foreclose a mortgage in favor of defendant in error the premises were sold, but for an amount less than decree, interests and costs, and upon coming in of the master’s report a decree for the sum of $626.70 was entered against Charles S. Mosely and execution awarded.

Ho error is perceived in the decree of foreclosure, but the decree for a deficiency was too large, as only $274 was due at its rendition.

The defendant in error has, however, remitted in this court all of the decree above the said amount due, and thereby cured that error. The decree for foreclosure will be affirmed and the decree for the deficiency will be affirmed for $274, the balance having been remitted; but as there was error in that decree before the entry of the remittitur the costs in this court will_ be equally divided between the defendant in error and the plaintiff in error Charles S. Mosely.

Decree affirmed.

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Bluebook (online)

12 Ill. App. 113, 1882 Ill. App. LEXIS 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mosely-v-schoonhoven-illappct-1883.