Erickson v. Straka

Full title: Hulda Erickson, Appellant, v. Josephine Straka and James Straka, Appellees

Court: Appellate Court of Illinois

Date published: May 27, 1941

310 Ill. App. 536 (Ill. App. Ct. 1941)

34 N.E.2d 891

Opinion

Gen. No. 9,582. (Abstract of Decision.)

Opinion filed May 27, 1941 Rehearing denied June 24, 1941

MORTGAGES, § 177^_ — discharge by conveyance, sufficiency of evidence. In action on note which was secured by a trust deed, evidence did not show that a conveyance of the property operated as a discharge of the indebtedness, because grantee was not authorized by plaintiff, and defendant intended deed to be conditional upon acceptance by all the noteholders, but only five out of twelve consented to the transaction, and the deed never became effective.

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

Appeal from County Court of Will county; Hon. GLEN L. COWING, presiding.

Reversed and remanded. Heard in this court at October term, 1940.

Orville R. Seiter, for appellant;

Pence B. Orr, for appellees.

Opinion by JUSTICE DOVE.

"Not to be published in full." Opinion filed May 27, 1941; rehearing denied June 24, 1941.