Krueger v. Baumgartner

Full title: Carl F. Krueger, Appellant, v. Henry F. Baumgartner et al., Defendants…

Court: Appellate Court of Illinois, First District

Date published: Oct 31, 1949

338 Ill. App. 664 (Ill. App. Ct. 1949)

88 N.E.2d 515

Opinion

Gen. No. 44,741. (Abstract of Decision.)

Opinion filed October 31, 1949 Released for publication November 21, 1949

MORTGAGES, § 24^_ — insufficiency of complaint to have absolute deed declared mortgage. In suit against plaintiff's stepson and latter's wife to have a deed, absolute on its face, declared a mortgage and to redeem from such mortgage, evidence warranted decree dismissing complaint for want of equity.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Cook county; the Hon. CORNELIUS J. HARRINGTON, Judge, presiding.

Affirmed. Heard in the first division, first district, this court at the February term, 1949.

Reuel H. Gruenewald, for appellant;

Francis M. Cooper, of counsel;

Moses, Bachrach Kennedy, for appellee;

Felix Visk and Herbert H. Kennedy, of counsel.

Opinion by JUSTICE FEINBERG.

Not to be published in full. Opinion filed October 31, 1949; released for publication November 21, 1949.