Cooney v. Verhoeven

Full title: Richard J. Cooney, Appellant, v. John A. Verhoeven et al., Appellees

Court: Appellate Court of Illinois, First District

Date published: Jun 20, 1949

338 Ill. App. 199 (Ill. App. Ct. 1949)

86 N.E.2d 838

Opinion

Gen. No. 44,449. (Abstract of Decision.)

Opinion filed June 20, 1949 Rehearing denied July 1, 1949 Released for publication July 18, 1949

FORECLOSURE OF MORTGAGES, § 21^_ — bar of limitations. In proceedings commenced by complaint filed on October 25, 1945, to foreclose junior mortgage on real estate securing payment of notes dated October 15, 1923, and by their terms due on August 16, 1926, evidence justified decree dismissing complaint on ground that no payment had been made upon notes within 10 years prior to filing of complaint, and that defendant was not a nonresident within that period, and that there had been no agreement to extend time for payment (Ill. Rev. Stat. 1947, ch. 83, par. 11; Jones Ill. Stats. Ann. 107.269).

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

Appeal from the Superior Court of Cook County; the Hon. U.S. SCHWARTZ, Judge, presiding.

Affirmed. Heard in the first division, first district, this court at the June term, 1948.

James D. Murphy, for appellant;

James W. Breen, for appellees.

Opinion by PRESIDING JUSTICE FEINBERG.

Not to be published in full. Opinion filed June 20, 1949; rehearing denied July 1, 1949; released for publication July 18, 1949.