Opinion
Gen. No. 41,029. (Abstract of Decision.)
Opinion filed March 11, 1941
MORTGAGES, § 169 — voluntary payments, recovery. Where plaintiff was a relative of contract purchasers of property and had a substantial equitable interest in the property, payments made by him to mortgagee to ward off foreclosure were made by him voluntarily, although he had no legal obligation to do so, and could not be recovered, and plaintiff failed to prove that such payments were made under an agreement by mortgagee to hold them in escrow until contract seller straightened out complications which arose when he made a loan from a bank and conveyed the property to the bank.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. JOHN PRYSTALSKI, presiding.
Affirmed. Heard in second division, first district, this court at December term, 1939.
William Gillespie, for appellant. Irving S. Berman, for appellee;
"Not to be published in full." Opinion filed March 11, 1941.