thereby; and in default, that Henry W. Bishop, one of the Masters in Chancery, should sell the same,according to the practice and rules of this court, and report, &c., and in case a release of said lands shallnot be secured by the — day of September next, as aforesaid, then the said I. Willard Fox may pay intothe Registry of the court for said Kate W. Goodwin $1,477.63 by the first day of November next, withinterest; and, in default thereof, Henry W. Bishop, Master in Chancery, shall sell said lands, according tothe practice and rules of Court, and report; and if said I. Willard Fox shall pay said sum of $1,477.63 heshall save and keep harmless the estate of Henry W. Fox from all liability on the debt of Loring Monroe,and shall assume the payment thereof.Petition of Eleanor Fox, filed January 13, 1885. Represents that Isaac Willard Fox died August 29,1884, testate at Lake County, Illinois, leaving petitioner as his widow, and Isaac B. Fox, Flora F. Clark,Truman G. Fox, Emily F. Beckley, Eleanor J. Fox, and Gertrude R. Fox as his children and only heirsat law.Prays that said (naming same as above) may be substituted as parties herein in place of said IsaacWillard Fox, deceased, and that an order be entered directing Henry W. Bishop, Master in Chancery,to execute deeds as directed by the decree of July 29, 1884.Order entered January 13, 1885, Chancery Record 30, page 410, that said Master in Chancery exe-cute a deed on behalf of Kate W. Goodwin and Charles S. Goodwin to the property described in said decreeand known as the Lake Zurich Farm. Order entered January 26, 1885. Comes Henry W. Bishop,Master in Chancery, and presents to the Court a deed of said Master, conveying to Eleanor Fox to possess,enjoy and dispose of as she shall see fit during her natural life, for her own use and benefit, and to Isaac B.Fox, Flora F. Clark, Truman G. Fox, Emily F. Beckley, Eleanor J. Fox and Gertrude R. Fox, in remainder,so much thereof remaining undisposed of at the death of said Eleanor Fox, certain lands described in theBill of Complaint herein known as the Lake Zurich Farm, in Lake County, Illinois. And it appearing tothe Court that Eleanor Fox is entitled to said deed:Ordered that said Master’s deed be approved and confirmed, and the Master directed to deliversaid deed to said Eleanor Fox.Chancery Record 30, page 158, Tuesday, August 5, 1884. Comes complainant and prays an appealfrom the decree entered herein July 29 “last,” which is allowed on her filing a bond in sum of $1,000.00within 60 days from this date, with surety to be approved by the court, the court reserving the right torequire a further or larger bond either by this court or the supreme court, if necessary, and time to filecertificate of evidence herein extended to October first next.Mandate of the Supreme Court of the United States reversing and remanding the decree of the Cir-cuit Court of the United States for the Northern District of Illinois in this cause, rendered July 29, 1884,filed May 27, 1889, and cause redocketed.
NOTE: For opinions of the Supreme Court of the United States in this case—Goodwin vs. Fox—see 120U. S., page 775, and 129 U. S., page 601.
Order entered June 18, 1889, Chancery Record 34, page 400: That cause be and is hereby referredto Henry W. Bishop, Mastery in Chancery, to restate the account in accordance with the opinion of theSupreme Court of the United States herein, and find the amount due the complainant, Kate W. Goodwin,herein, and complainants are hereby allowed to offer additional proof upon their right to a strict foreclos-ure, &c., and said Master is directed to take such testimony and report. Master’s Report filed March 3,1890. Said Master reports that there is due by I. Willard Fox to Fox & Co. the sum of $58,627.92, prin-cipal as of February 20, 1869, and interest upon the same at 6 per cent. per annum to this date, of $74,-066.57; total due, $132,694.49; that the value of said premises is $80 per acre for 560 acres comprised insaid Mortgage, being $44,800.00, and that tax deeds have been issued thereon.Decree. Chancery Record 35, page 211. Thursday, May 15, 1890. This cause came on to be heard this15th day of May, 1890, before the Honorable Henry W. Blodgett, one of the Judges of this Court‘ upon theMandate of the Supreme Court of the United States, heretofore filed in this cause, the report of Henry W.Bishop, one of the Masters in Chancery of this court, filed in this cause on the third day of March, 1890,and the exceptions to said report filed by the defendants in the original bill and complainants in said CrossBill, on the third day of March, A. D. 1890, and thereupon the complainants, in said original bill, by theircounsel, remit from the amount due, and reported by the Master in this cause, from the defendants in saidoriginal bill, to the complainants, the sum of $15,000.00 and upon the entry of such remititur, it is ordered,adjudged and decreed that the first and second exceptions to said Master’s report and each of them be, andthe same are hereby overruled.As to the third of said exceptions to said Master’s report, the Court doth further order that there be de-ducted from the amount so found to be due to the complainants, in the original bill, as herein and abovemodified, the further sum of $19,571.66, being the amount of principal and interest now due and owing onthe notes secured by the Mortgage on premises described in the pleadings in this cause to Loring Monroe,and a remititur for said amount being now entered of record, the third exception to said Master’s Report isalso overruled.The Court doth further order that all other exceptions to said Master’s report be, and the same arehereby overruled, and that said Master’s report as hereinbefore modified be in all things ratified, approvedand confirmed.And thereupon this cause came on for final hearing before the court aforesaid, upon the pleadings,evidence, depositions and exceptions, the Master’s report herein and exceptions thereto, the mandate of theSupreme Court aforesaid, and all former orders and decrees herein made, and after argument of counsel thecourt being fully advised in the premises, doth find and order, adjudge and decree, that the allegations ofthe original and amended bill are substantially true, that there is due at the date of this decree to the com-plainant, Kate W. Goodwin, as the devisee and legatee of Henry W. Fox, deceased, from the estate of I.Willard Fox, deceased, after the allowance of all proper credits and the remititurs aforesaid, with respect tothe matters and things set up and alleged in the original and amended bills herein, the full sum of$98,709.00. That on the 20th day of February, 1869, the said I. Willard Fox and Eleanor Fox, his wife,executed a deed of that date, conveying to Samuel H. Fox, the following described lands, situate in theCounty of Lake, and State of Illinois, in these proceedings sometimes designated as the Lake Zurich Farm,