Opinion
Gen. No. 40,894. (Abstract of Decision.)
Opinion filed December 5, 1939.
FORECLOSURE OF MORTGAGES, § 248 — mortgagee occupying premises during redemption period, liability for rent to owner of equity of redemption. Where mortgagee foreclosed on property, secured appointment of receiver who was in fact his agent, and such receiver procured writ of assistance to oust tenant who was paying $35 per month rent, upon contention that he was offered $100 a month rent, and after ouster mortgagee went into possession of the premises during period of redemption, owner of the equity of redemption in counterclaim against mortgagee was properly credited with $100 per month as fair rental value of premises occupied during redemption period, such credit to be applied to deficiency decree previously entered in favor of mortgagee.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook County; Hon. CHARLES A. WILLIAMS, presiding. Affirmed. Heard in second division, first district, at October term, 1939; opinion filed December 5, 1939.
Charles J. Trainor, for appellant; Sheehan Egan, for appellees; Roy J. Egan, of counsel.
"Not to be published in full."