Mason v. Northwestern Mutual Life Insurance

This is an appeal from the circuit court for the northern district of Illinois. The suit below was a bill in chancery to foreclose a mortgage brought by the insurance company against Murphy and others. Murphy, the mortgagor, after making the mortgage, had assigned the property to Edward G. Mason, the appellant, and Mason was made a party to the foreclosure suit with a view to barring his equity of redemption. On the second day of January, 1877, a decree was entered for the amount of the money due on the mortgage, and directing H. W. Bishop, a master in chancery of the court, to sell the property, and to make such sale 'in accordance with the course and practice of this court.' The master, in due time, reported the sale of the property to the complainant, which report and sale were, on the thirty-first day of July, 1877, confirmed. The decree of confirmation contained a clause that the defendants, including Mason, 'be forever barred and foreclosed of all equity of redemption in or to said property,' and directed the commissioner to make a deed and deliver possession to the purchaser. From this decree Mason, in proper time, took the present appeal.

E. G. Mason, for appellant.

M. S. Hoyne, for appellee.

MILLER, J.