{
  "id": 435676,
  "name": "The President and Directors of the State Bank of Illinois, Plaintiffs in Error, v. Hazle Moreland, Defendant in Error",
  "name_abbreviation": "President of the State Bank v. Moreland",
  "decision_date": "1828-12",
  "docket_number": "",
  "first_page": "282",
  "last_page": "283",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Breese 282"
    },
    {
      "type": "official",
      "cite": "1 Ill. 282"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 178,
    "char_count": 2598,
    "ocr_confidence": 0.573,
    "pagerank": {
      "raw": 4.357577154540725e-08,
      "percentile": 0.273710745298278
    },
    "sha256": "5df64945ff77ae0f444ed4365bdbc461b4037e6099b8c1d490c292f59506fd78",
    "simhash": "1:facd14bd5d22aa6e",
    "word_count": 443
  },
  "last_updated": "2023-07-14T17:01:48.520166+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The President and Directors of the State Bank of Illinois, Plaintiffs in Error, v. Hazle Moreland, Defendant in Error."
    ],
    "opinions": [
      {
        "text": "Opinion of the Court by\nJustice Lockwood.\nThis action was commenced by scire facias in the Gallatin circuit court, on a mortgage executed to plaintiff, and recorded according to law.\nThe defendant demurred to the scire facias, and judgment was rendered for defendant. The cause was brought into this court by writ of error. The error relied on is, that the circuit court decided erroneously in sustaining the demurrer to the scire facias.\nIt is understood by the court, that the circuit court, in sustaining the demurrer, went upon the ground that the bank mortgages do not contain an absolute promise to pay the money, but in order to charge the mortgagor, it is necessary to refer to a promissory note, dehors the mortgage, in order to assign a breach of the condition of the mortgage. If this constitutes a valid objection to proceeding by scire facias on the mortgage, then the demurrer was properly sustained. By the 18th section of the act concerning judgments and executions, passed 17tli of January, 1825, it is enacted, \u201cthat if default be made in the payment of any sum of money, secured by mortgage on lands and tenements, duly executed and recorded, and if the payment be by installments, and the last shall have become due, it shall be lawful for the mortgagee, his executors, or administrators, to sue out a writ of scire facias, from the clerk\u2019s office of the circuit court in which the said mortgaged premises may be situated, or any part thereof, directed,\u201d &c. If language is comprehensive enough to authorize this proceeding by scire facias, the legislature have certainly employed it in this statute. Whenever default is made in the payment of any sum of money secured by mortgage, and the last installment is due, the mortgagee is allowed to proceed by scire facias. The payment of the money borrowed of the bank was certainly secured by mortgage, and consequently the plaintiffs were authorized to proceed by scire facias. The court are at a loss to perceive any solid objection to this mode of recovering the money due the bank.\nEddy, for plaintiff in error.\nThe judgment must therefore be reversed, with costs, and the cause remanded to the Gallatin circuit court for further proceedings.\nJudgment reversed.\nLaws of 1825, p. 157.\nSee note to Cox v McFerron, ante, p. 28,",
        "type": "majority",
        "author": "Justice Lockwood."
      }
    ],
    "attorneys": [
      "Eddy, for plaintiff in error."
    ],
    "corrections": "",
    "head_matter": "The President and Directors of the State Bank of Illinois, Plaintiffs in Error, v. Hazle Moreland, Defendant in Error.\nERROR TO GALLATIN.\nIt is regular, under the act of 1825, concerning judgments and executions, to proceed to foreclose a mortgage for money borrowed of the state bank, by scire facias."
  },
  "file_name": "0282-01",
  "first_page_order": 282,
  "last_page_order": 283
}