Wagner v. Wickstrom

Full title: George W. Wagner, Appellant, v. John D. Wickstrom et al., Defendants…

Court: Appellate Court of Illinois, First District

Date published: Jan 22, 1941

308 Ill. App. 326 (Ill. App. Ct. 1941)

31 N.E.2d 363

Opinion

Gen. No. 41,316. (Abstract of Decision.)

Opinion filed January 22, 1941

FORECLOSURE OF MORTGAGES, § 172^_ — ownership of note, sufficiency of evidence. In mortgage foreclosure proceedings, evidence showed that plaintiff was never in possession of the notes and trust deed and did not own same, but rather that defendant, who claimed under a later trust deed, had borrowed money from plaintiff, his father-in-law, and had paid off the notes sought to be foreclosed.

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

Appeal from Circuit Court of Cook county; Hon. GEORGE F. RUSH, presiding.

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

Walter C. Wellman, for appellant;

Raymond J. Moudry, for appellee.

Opinion by JUSTICE BURKE.

"Not to be published in full." Opinion filed January 22, 1941.