Pappas v. J. Bobsin Co.

Full title: Nick Pappas, Appellant, v. J. Bobsin and Company, Appellees

Court: Appellate Court of Illinois

Date published: May 26, 1948

334 Ill. App. 397 (Ill. App. Ct. 1948)

79 N.E.2d 645

Opinion

Gen. No. 44,294. (Abstract of Decision.)

Opinion filed May 26, 1948 Released for publication June 10, 1948

FORECLOSURE OF MORTGAGES, §§ 188, 197^_ — erroneous decree. Where, in action to foreclose real estate mortgage, defendants counterclaimed alleging that they were lessees and seeking leave to pay mortgage indebtedness and subrogation to plaintiff's rights under mortgage, and plaintiff's reply and answer to counterclaim disclaimed knowledge of lease and demanded proof thereof, and no evidence was taken on that issue, defendants stood in position of mere "volunteers," with no right of subrogation, and that part of decree finding that defendants were lessees was erroneous, with result that decretal orders in favor of (defendants fell with such erroneous finding.

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

Appeal from the Circuit Court of Cook county; the Hon. JOHN PRYSTALSKI, Judge, presiding.

Reversed and remanded. Heard in the third division, first district, this court at the October term, 1947.

James Percival Pio, for appellant;

James W. Cotter, for appellees.

Opinion by JUSTICE KILEY.

Not to be published in full. Opinion filed May 26, 1948; released for publication June 10, 1948.