Thorsch v. Wilhelmina

Full title: Richard L. Thorsch, Appellant, v. Wilhelmina R. M. Haley, Appellee

Court: Appellate Court of Illinois

Date published: Aug 7, 1941

311 Ill. App. 295 (Ill. App. Ct. 1941)

35 N.E.2d 822

Opinion

Gen. No. 9,639. (Abstract of Decision.)

Opinion filed August 7, 1941

FORMER ADJUDICATION, § 47^_ — stipulation and consent decree involving other parties. Notwithstanding that first mortgage foreclosure proceedings were terminated by stipulation and consent decree under which mortgagor was released of personal liability on notes, and that mortgagee believed that release of second mortgage notes was included in settlement, second mortgagee, not being a party to the suit, was not bound by the settlement, and was not barred from bringing suit on second mortgage notes.

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

Appeal from the Circuit Court of Will county; Hon. LUTHER B. BRATTON, presiding.

Reversed and cause remanded. Heard in this court at February term, 1941.

William R. Friedrich and Savage Holbrook, for appellant;

Edward R. Nadelhoffer, for appellee.

Opinion by PRESIDING JUSTICE WOLFE.

"Not to be published in full." Opinion filed August 7, 1941.