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Gary-Wheaton Bank, Appellee, v. Grace M. Helton et al. John S. Stopper, Appellant.

QUIETING TITLE, § 24 — bar by limitations. In suit against owner of note secured by trust deed to have lien created by deed released and extinguished as a cloud upon plaintiff's title, decree granting requested relief was affirmed on ground that collection of debt represented by note was barred by ten-year statute of limitations and that lien created by deed did not survive beyond life of debt secured thereby, notwithstanding contention statute provides that lien of a recorded trust deed shall continue for twenty years after debt it secures becomes due (Ill. Rev. Stat. 1947, ch. 83, pars. 11, 11b; Jones Ill. Stats. Ann. 107.269, 107.270(1)).

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

Opinion by JUSTICE BRISTOW.

Not to be published in full. Opinion filed April 21, 1949; Released for publication May 9, 1949.

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GARY-WHEATON BANK v. HELTON
(Apr 21, 1949)