Opinion
Gen. No. 41,145. (Abstract of Decision.)
Opinion filed October 1, 1940
FORECLOSURE OF MORTGAGES, § 131 — holder of trust deed pledged by one not the owner. In action by hospital to foreclose trust deed, lower court properly found that superintendent of hospital took notes and trust deed from attorney of mortgagee, who had possession in order to record them, and that plaintiff understood that they were not the property of the attorney, but were put up by him as security for payment of his wife's hospital bill, and were returnable upon demand, so that plaintiff was not true owner of trust deed and was not entitled to foreclosure.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. WILLIAM V. BROTHERS, presiding.
Affirmed. Heard in first division, first district, this court at February term, 1940.
Rupert D. Jones and David R. Domke, for appellant;
Alexander Rothstein and Gabriel Goldberg, for appellee Nick Gene.
"Not to be published in full." Opinion filed October 1, 1940.