Kemper v. Cohen

Full title: Fred Kemper, Appellee, v. Harry Cohen et al., Defendants. Appeal of Harry…

Court: Appellate Court of Illinois, First District

Date published: May 22, 1940

305 Ill. App. 501 (Ill. App. Ct. 1940)

27 N.E.2d 651

Opinion

Gen. No. 41,200. (Abstract of Decision.)

Opinion filed May 22, 1940

FORECLOSURE OF MORTGAGES, § 231^_ — receivership. When plaintiff sought to foreclose junior mortgage and have receiver appointed, after he had redeemed from foreclosure of senior mortgage, and defendant assignee of mortgagor contended that the junior mortgage had previously been merged in the title, pending disposition of such issue raised by defendant, lower court properly ordered appointment of receiver.

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

Appeal from interlocutory order from Superior Court of Cook county; Hon. DONALD S. MCKINLAY, presiding.

Affirmed. Heard in third division, first district, this court at April term, 1940.

Isador Becker and Joseph C. Cowen, for appellant;

C.A. Caplow, for appellee.

Opinion by JUSTICE HEBEL.

"Not to be published in full." Opinion filed May 22, 1940.