Gary-Wheaton Bank v. Helton

Full title: Gary-Wheaton Bank, Appellee, v. Grace M. Helton et al. John S. Stopper…

Court: Appellate Court of Illinois, First District

Date published: Apr 21, 1949

337 Ill. App. 294 (Ill. App. Ct. 1949)

85 N.E.2d 472

Opinion

Gen. No. 10,296. (Abstract of Decision.)

Opinion filed April 21, 1949 Released for publication May 9, 1949

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.

Appeal from the Circuit Court of DuPage county; the Hon. WIN G. KNOGH, Judge, presiding.

Decree affirmed. Heard in this court at the October term, 1948.

George T. Spensley, for appellant;

Campbell, Clithero Fischer, for appellee.

Opinion by JUSTICE BRISTOW.

Not to be published in full.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