Opinion of the Court by
Justice John Reynolds.
This was a scire facias upon, a mortgage. Ernst, in his lifetime, loaned from the state bank of Illinois, eight hundred, dollars, and to secure the payment of that sum, executed the mortgage deed, as alleged in the scire facias. The bank obtained judgment in the circuit court of Fayette county against the plaintiffs in error, to have the mortgaged premises sold, and to reverse that judgment this writ of error is prosecuted.
In the court below the plaintiffs in error pleaded a statute passed Feb. 18, 1823, by the general assembly of this state, in bar of this demand. To this plea there was a demurrer, which presents to the court the statute above referred to.
On a full and correct examination of the above recited act, it appears to the court to embrace this case. It was the intention of the legislature to release the estate of Ernst, from all debts due the state. The above debt is due the state. The judgment of the court below must be reversed at the costs of the defendants in error,
Judgment reversed.
Laws of 1823, page 177.
The part of the act of 1823 referred to, is as follows: “And the estate of the said E. Ernst, deceased, is hereby released from the payment of any debt due by said estate to this state.” Laws of 1823, page 178.
The act establishing the state bank, at page 85, (laws of 1821) requires that the notes and mortgages shall be made “ payable to the president and directors ” of the bank, “ for the use of the state.”