Opinion
Gen. No. 41,385. (Abstract of Decision.)
Opinion filed March 31, 1941.
MORTGAGES, § 86 — concurrent remedies. Where bondholder obtained judgment on the bonds and subsequently trustee foreclosed, defendant's petition to vacate judgment was insufficient because it showed laches on its face where judgment was entered April 26, 1939 and petition to vacate on March 25, 1940, no statement of facts excused laches or showed a good defense, and bondholder was entitled to pursue his remedy at law and in equity concurrently, although he was entitled to but one satisfaction.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. THOMAS A. GREEN, presiding.
Affirmed. Heard in first division, first district, this court at October term, 1940.
Edward Sager, for appellants;
Oscar H. Green, of counsel;
Solomon M. Glick, for appellee;
Abraham H. Maller, of counsel.
"Not to be published In full." Opinion filed March 31, 1941.