Opinion
Gen. No. 9,493. (Abstract of Decision.)
Opinion filed January 25, 1940.
MORTGAGES, § 94 — priorities. In foreclosure proceedings, mortgagee's claim was properly held subordinate to that of mortgagees under another trust deed, where evidence showed trustee had released the mortgage to such tract of land, but such release was invalid because without consideration, and because not executed on an interest day, the only time when trustee had such power; but where mortgagees under still another trust deed did not present evidence to show that a release was invalid, instant mortgagee would be held to have a prior claim.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Henry county; Hon. LEONARD E. TELLEEN, presiding. Reversed and remanded with directions. Heard in this court at October term, 1939; opinion filed January 25, 1940.
Hardy, Hardy Witherell, for appellant; George W. Hunt, Donald W. Evans and E. J. Galbraith, for certain appellees; Sturtz Ewan, for certain other appellees.
"Not to be published in full."