Opinion
Gen. No. 42,709. (Abstract of Decision.)
Opinion filed February 10, 1944 Rehearing denied March 9, 1944
FORUM ADJUDICATION, § 129 — when defendants in trover not concluded by decree in another suit. Notwithstanding decree in suit by second mortgagee of motor truck, who had foreclosed, had purchased at sale, and had taken possession on day thereof, to determine title to other chattels, wherein truck's first mortgagee intervened to have title to truck determined, which decree found that title to truck was in first mortgagee which, after its earlier foreclosure sale and its purchase thereat, had failed to take possession for period of 73 days, held that purchasers of truck from second mortgagee, who became such before latter's suit was begun and who were not parties to such suit, were entitled to have title to truck determined in trover against them by first mortgagee in another court.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. GEORGE L. QUILICI, Judge, presiding.
Judgment reversed and remanded. Heard in the second division, first district, this court at the June term, 1943.
Ward H. Harris, for appellants;
McCabe, Abrahams Daly, for appellee;
Harry Abrahams, of counsel.
Not to be published in full. Opinion filed February 10, 1944; rehearing denied March 9, 1944.