Samuel Blatchford

“ That being done, of course Sarah E. R. Smith will retain the lot; and thus the appeal of herself and her husband in this case is disposed of. The decree provided that she might pay into the court $11,500, with interest, as 'the present cash value' of the lot, and that, in case she should do so, she should hold the lot free from all equity of redemption by I. Willard Fox and all persons claiming under him; but that otherwise she and her husband should convey the lot to I. Willard Fox, or, on their failure to do so, the master should execute the conveyance instead. ”

“ Before any decision was made, and on the 9th of June, 1884, the cause was referred to the same master, to take proof and ascertain and report 'the present value of the La Salle street lot,' and also to take evidence as to the amount due on the mortgage for $12,000, executed by Henry W. Fox to Loring Monroe. In June, 1884, the master took testimony as to the matters so referred to him, and on the 11th of July, 1884, he filed his report, finding the then value of the La Salle street lot to be $250 per front foot, and the value of the entire property, of 50 feet front, to be $12,500. ”

“ The above items of debit and credit are principal sums, and interest must be calculated and added at the proper rate, from the proper dates, as before stated. It may be also that there will be some items of taxes paid to be adjusted. It is manifest that the circuit court credited I. Willard Fox with the gross sum of $65,000, as representing the collectible notes, the paints, oils, etc., the fixtures, the Merritt mortgage, and the glass in the store, February 20, 1869, instead of crediting him merely with the proceeds of those assets, when realized. ”

“ The First National Bank, his largest creditor, having obtained a judgment against him, levied upon his stock of goods, and closed his store, an arrangement was made between him and Fox & Co., resulting in the settlement by them of all the claims against him, except their own, at a compromise rate, and the business was resumed, with Ethan Allen Fox, the uncle of the defendant, and I. Willard Fox, in charge. ”

“ The statute of Illinois, (section 2, c. 74, Rev. St. 1874,) which has been the law of Illinois since 1845, provides as follows: 'Creditors shall be allowed to receive at the rate of six (6) per centum per annum, for all moneys after they become due on any bond, bill, promissory note, or other instrument of writing; on money lent or advanced for the use of another; on money due on the settlement of account from the day of liquidating accounts between the parties and ascertaining the balance ”

“ If this testimony is to be relied upon, and assuming that the stock was taken possession of, as all the defendant's witnesses agree in stating, on the 1st day of February, 1869, then, in the absence of other preponderating evidence, these figures must be adopted in estimating these credits, except in the single item of paints and oils, where I think a reduction from fifteen to twelve thousand dollars should be made. ”