Union Trust Company of East St. Louis v. Rueck

Full title: Union Trust Company of East St. Louis v. Elmer C. Rueck et al. Howard R…

Court: Appellate Court of Illinois

Date published: Feb 28, 1944

322 Ill. App. 71 (Ill. App. Ct. 1944)

53 N.E.2d 716

Opinion

Opinion filed February 28, 1944

ASSISTANCE, WRIT OF, § 1^_ — right of grantee in master's deed to have writ issued. Grantee in master's deed, executed as result of mortgage foreclosure sale and lack of redemption, held entitled to writ of assistance to procure possession of mortgaged realty, as against mortgagors' contention that such writ should be denied because suit in forcible entry and detainer between parties was pending and because mortgagors, as erroneously claimed by them, had become tenants of grantee.

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

Appeal from the Circuit Court of St. Clair county; the Hon. MAURICE V. JOYCE, Judge, presiding.

Decree affirmed. Heard in this court at the February term, 1944.

Joseph H. Goldenhersh, for appellants;

Whitnel, Browning, Listeman Walker, for appellee;

Lloyd Middleton, of counsel.

Opinion by PRESIDING JUSTICE CULBERTSON.

Not to be published in full. Opinion filed February 28, 1944.