White v. Hynes

Full title: Frances M. White, Appellee, v. Frank F. Hynes, Jr. et al., Appellants

Court: Appellate Court of Illinois, First District

Date published: Dec 13, 1939

302 Ill. App. 622 (Ill. App. Ct. 1939)

24 N.E.2d 185

Opinion

Gen. No. 40,765. (Abstract of Decision.)

Opinion filed December 13, 1939.

FORECLOSURE OF MORTGAGES, § 248^_ — rents to be applied to debt, mortgagee not entitled to credit for unpaid taxes. Where mortgagors surrendered operation of premises, under contract whereby rents were to be applied to reduce deficiency, in order to save expense of receivership, mortgagee would be entitled to credit in her account for taxes that had been paid, but not for unpaid taxes.

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

Appeal from Superior Court of Cook County; Hon. DONALD S. MCKINLAY, presiding. Reversed and remanded. Heard in third division, first district, at June term, 1939; opinion filed December 13, 1939.

Edwin Terwilliger, for appellants; Leslie H. Whipp, for appellee.

Opinion by JUSTICE HEBEL.

"Not to be published in full."