Allen v. 220 E. Walton Place Bldg. Corp.

Full title: Robin P. Allen, Appellant, v. 220 East Walton Place Building Corporation…

Court: Appellate Court of Illinois, First District

Date published: Apr 8, 1940

304 Ill. App. 585 (Ill. App. Ct. 1940)

26 N.E.2d 662

Opinion

Gen. No. 40,854. (Abstract of Decision.)

Opinion filed April 8, 1940

FORECLOSURE OF MORTGAGES, § 293.1^_ — reorganization, fraud. In action to impeach foreclosure decree and reorganization, evidence did not show fraud by trustee in failing to pay taxes and make monthly deposits, and plaintiff showed lack of diligence in not intervening in foreclosure proceeding, and in permitting suit to remain undisposed of for more than six years after its institution.

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

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

Affirmed. Heard in first division, first district, this court at October term, 1939.

Shulman, Shulman Abrams, for appellant;

Meyer Abrams, of counsel;

Gottlieb Schwartz, Sonnenschein, Berkson, Lautmann, Levinson Morse, for appellees;

Claude A. Roth and Harry E. Smoot, of counsel.

Opinion by JUSTICE O'CONNOR.

"Not to be published in full." Opinion filed April 8, 1940.