GRAY v. FIRST NAT. BANK

Citation Codes

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Docket Number

Gen. No. 42,211. (Abstract of Decision.)

Attorney(S)

Coburn Coburn, for certain appellants; Louis T. Herzon, of counsel; Weinberg, Kjellander, O'Farrell Ames, for certain other appellants; John J. Ames, of counsel; Amberg, Livingston, Kearns Dahlin and Nat M. Kahn, for appellee; John W. Kearns and Nat M. Kahn, of counsel.

Judges

Opinion by JUSTICE KILEY.

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William H. Gray et al., Appellants, v. First National Bank of Chicago, Appellee, Ina Gray Cook, Appellant, John J. Ames, Appellant.

FORECLOSURE OF MORTGAGES, § 197 — when decree for counterclaimant, based on pleadings, will be affirmed. In action to remove clouds from and quiet title to realty in which there was filed counterclaim to recover on note and to foreclose certain pledged mortgages, held that decree for counterclaimant, under section 45 of Civil Practice Act, based on pleadings since no evidence was heard, would be affirmed (Ill. Rev. Stat. 1943, ch. 110, par. 169; Jones Ill. Stats. Ann. 104.045).

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

HEBEL, P.J., not participating.

Opinion by JUSTICE KILEY.

Not to be published in full. Opinion filed November 17, 1943

William H. Gray et al., Appellants, v. First National Bank of Chicago, Appellee, Ina Gray Cook, Appellant, John J. Ames, Appellant.

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