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Metropolitan Life Ins. Co. v. Van Hyfte

Appellate Court of Illinois, Second District
Jan 25, 1940
303 Ill. App. 339 (Ill. App. Ct. 1940)

Opinion

Gen. No. 9,493. (Abstract of Decision.)

Opinion filed January 25, 1940.

MORTGAGES, § 94priorities. In foreclosure proceedings, mortgagee's claim was properly held subordinate to that of mortgagees under another trust deed, where evidence showed trustee had released the mortgage to such tract of land, but such release was invalid because without consideration, and because not executed on an interest day, the only time when trustee had such power; but where mortgagees under still another trust deed did not present evidence to show that a release was invalid, instant mortgagee would be held to have a prior claim.

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

Appeal from Circuit Court of Henry county; Hon. LEONARD E. TELLEEN, presiding. Reversed and remanded with directions. Heard in this court at October term, 1939; opinion filed January 25, 1940.

Hardy, Hardy Witherell, for appellant; George W. Hunt, Donald W. Evans and E. J. Galbraith, for certain appellees; Sturtz Ewan, for certain other appellees.


"Not to be published in full."


Summaries of

Metropolitan Life Ins. Co. v. Van Hyfte

Appellate Court of Illinois, Second District
Jan 25, 1940
303 Ill. App. 339 (Ill. App. Ct. 1940)
Case details for

Metropolitan Life Ins. Co. v. Van Hyfte

Case Details

Full title:Metropolitan Life Insurance Company, Appellant, v. John Van Hyfte et al.…

Court:Appellate Court of Illinois, Second District

Date published: Jan 25, 1940

Citations

303 Ill. App. 339 (Ill. App. Ct. 1940)
25 N.E.2d 135