If he was, then the trial chancellor has not abused his discretion in the dissolution of the injunction. Watterson v. Miller, 42 W. Va. 108; Welton v. Peerce, 5 W. Va. 437; Gantt v. Grindall, 49 Md. 310; Rossett v. Greer, supra; Jenkins v. Waller, supra. The basis of defendant May's defense as set forth in his answer (he was the only defendant to file an answer), is that he was a bona fide purchaser without notice of the existence of any prior agreement between Cohen and Kessel in regard to the notes; that he purchased the notes before maturity, in the regular course of business, for value, without knowledge of the purpose for which they were issued; that Cohen had claimed to be the owner of the notes, and he, May, did not know that Cohen was acting as agent of Kessel.
The four plaintiffs were notified that their AABD assistance was going to be terminated. As a result of the appellate court decision in Watterson v. Miller (1983), 117 Ill. App.3d 1054, 454 N.E.2d 373, the IDPA revised its procedures for disability hearings on February 4, 1983. After that date the IDPA required all persons who had been terminated from their presumptively eligible AABD benefits due to a finding of "not disabled" from SSA to submit proof of disability to the local county office within 14 days of the filing of a notice of appeal protesting that termination.
tiffs had certain disabilities which each claims to be permanent; that each applied to the IDPA for financial and medical assistance under the Aid to the Aged, Blind and Disabled (AABD) program; that the defendants approved each application for AABD on a presumptive eligibility basis pending a decision on the claim of disability; that thereafter each plaintiff received a notice with the information that the application of AABD had been denied because the party had been determined not disabled by the Social Security Administration; that within 10 days of the denial notice each appealed the decision to the IDPA; that the IDPA refused to continue assistance to each during the processing of the appeal although they allegedly had a clear legal duty to continue assistance under a provision in the IDPA's policy manual, PO-235.4 and under Rule 7.03 of the IDPA. We first note that similar issues have been ruled upon in other divisions of the Illinois Appellate Court and adversely to the IDPA: Waterson v. Miller (1983), 117 Ill. App.3d 1054; Carroll v. Miller (1983), 116 Ill. App.3d 311. A trial court decision also adverse to the IDPA presently on appeal is Feldman v. IDPA (Docket No. 83-533, 1st Dist.). Carroll and Waterson relied on Johnson v. Quern (1980), 90 Ill. App.3d 151, as dispositive. For reasons which we will state, we do not find that Johnson v. Quern is applicable on its facts.
2. Proceedings in the Illinois court system, including (a) Watterson v. Miller, 117 Ill.App.3d 1054, 73 Ill.Dec. 513, 454 N.E.2d 373 (4th Dist. 1983), a statewide class action, and (b) several individual cases decided by the Third and Fifth Appellate Districts ( see Plaintiffs' Motion to Stay Proceedings, January 20, 1983, at 2), may resolve all of plaintiffs' claims on Count I of the Amended Complaint. 3. The court has certified a Count I class consisting of
Second, class actions are accepted vehicles in other states and in the federal courts in actions for mandamus relief. See, e.g., Elliott v. Weinberger, 564 F.2d 1219 (9th Cir. 1977), aff'd sub nom. Califano v. Yamasaki, 442 U.S. 682, 99 S.Ct. 2545, 61 L.Ed.2d 176 (1979); Lowry v. Obledo, 111 Cal.App.3d 14, 169 Cal.Rptr. 732 (1980); Watterson v. Miller, 117 Ill. App.3d 1054, 73 Ill.Dec. 513, 454 N.E.2d 373 (1983); Turner v. Reed, 52 A.D.2d 739, 382 N.Y.S.2d 391 (1976). Arizona maintains the essence of the writ of mandamus within the special action as stated explicitly in Rule 1 of the Rules of Procedure for Special Actions, and art. 6, § 5 of the Arizona Constitution.
In equity, when real estate is subjected to sale under the lien of a mortgage or deed of trust, the court should employ the terms of sale prescribed by the instrument. Stafford v. Jones, 65 W. Va. 567, 64 S.E. 723; Pairo v. Bethell, 75 Va. 825; Stimpson v. Bishop, 82 Va. 190; Hogan v. Duke, 20 Gratt. (61 Va.) 244; Abney-Barnes Co. v. Coal Co., 83 W. Va. 292, 98 S.E. 298; Watterson v. Miller, 42 W. Va. 108, 24 S.E. 578, 579. In the Abney-Barnes case, a judgment creditor's suit, there is this pertinent statement at page 302 of 83 W. Va.: "But the trustee or mortgagee can obtain in such suit the enforcement of his mortgage according to its terms, if his trust deed is prior to the judgment liens, and if not, its proper order or priority will be determined. A mortgagee does not lose any substantive rights by being compelled to enforce his trust lien in a pending suit, and the time and terms of the sale will be determined by the provisions of the trust deed, not by the rules applicable to the enforcement of judgment creditors' liens.
However, we are not unmindful of the general rule recognized by our decisions to the effect that a decree to sell land for debt of any kind without giving the debtor a reasonable time for payment before sale is cause for reversal. King v. Burdett, 44 W. Va. 561; Abney-Barnes Co. v. Coal Co., 83 W. Va. 292; Rose v. Brown, 11 W. Va. 122. These cases hold that the giving of a time for advertising the sale is not equivalent to a specific day to redeem. But, as JUDGE BRANNON says in Watterson v. Miller, 42 W. Va. 108, the rule ought not to be applied to sales under trust deeds, as a trust deed is essentially a contract, and the court has no right to give indulgence when the parties have provided against it. In the instant case the only right that the appellant had was to come in and redeem his land. He could do that at any time during suit, up to the time of the entry of the decree confirming the sale.
And all of these cases have one thing in common: they all deal with the " computation" of time periods. See, e.g., City of Chicago v. Greene, 47 Ill. 2d 30 (1970) (time period for filing posttrial motion); Scribner v. Sachs, 18 Ill. 2d 400 (1960) (time period for filing contest of election results); People v. Ribar, 336 Ill. App. 3d 462 (2003) (time period for holding hearing on petition to rescind summary suspension of driving privileges); In re Application of the County Treasurer ex officio Collector, 323 Ill. App. 3d 1044 (2001) (time period for redemption following tax sale); People v. Bleitner, 227 Ill. App. 3d 257 (1992) (time period for ruling on post-conviction petition); McMahon v. Chicago Mercantile Exchange, 221 Ill. App. 3d 935 (1991) (time period in which membership rights expire); Watterson v. Miller, 117 Ill. App. 3d 1054 (1983) (time period for providing statutory notice); Burgess v. Erickson, 72 Ill. App. 2d 85 (1966) (time period for filing record on appeal). The same is true of cases applying other jurisdictions' time computation statutes.