Melville Fuller

“ The supreme court of Illinois in the present case decides that the act of 1872 applies to mortgagees in possession, and that it operates not simply as a statute of limitations on the right to obtain a deed, but in effect as a statute forfeiting, by the nullification of the certificate, the mortgagee's estate and right of possession by reason of laches, and means that if a deed be not taken out within the time specified, the mortgagee has lost his debt, and the mortgagor has been reinstated in his former title by operation of law, and without having paid anything in redemption. ”

“ And yet, because a statute may take away the sword which a deed would give a mortgagee out of possession, it does not follow that it can lawfully operate on prior transactions so as to take away the shield afforded by possession. Rightful possession is a defense in ejectment (Sands v. Wacaser, 149 Ill. 530, 533, 36 N. E. 960, and cases cited) , and Mrs. Bradley's possession could only be treated as wrongful as against the original mortgagor by the application of the subsequent law. ”

“ After condition broken the mortgagee became entitled to possession of the mortgaged premises, and could maintain an action of ejectment. The mortgagor had only an equity of redemption, and, in case of sale on foreclosure, had, by statute, the right to redeem within twelve months by making full payment. ”