Opinion
Gen. No. 41,710. (Abstract of Decision.)
Opinion filed January 7, 1942
FORECLOSURE OF MORTGAGES, § 255 — prior foreclosure as res adjudicata on all interests under mortgage. Where, in a prior foreclosure suit, a decree was entered which found plaintiff's interest coupons had been subordinated and awarded the trustee a subordinated lien for the use of the holders of the coupons and directed that the property be sold to satisfy the debt, a sale discharged the lien of the trust deed as security for the subordinated interest coupons and, although redemption had been made by the junior mortgagee, a second complaint to foreclose by the holder of some subordinated coupons was properly dismissed.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. STANLEY H. KLARKOWSKI, presiding.
Affirmed. Heard in third division, first district, this court at April term, 1941.
Henry W. Kenoe, for appellant;
Harold L. Reeve and A. Edmund Peterson, for certain appellee;
A. Edmund Peterson, of counsel.
"Not to be published in full." Opinion filed January 7, 1942.