Legal Opinion
Surine v. Winterbotham
Appellate Court of Illinois
Decided July 18, 1901PublishedCited by 1 opinion
Foreclosure of a Trust Deed.—Appeal from the Superior Court of Cook County; the Hon. Arthur H. Chetlain, Judge, presiding.
1Opinion of the CourtJustice Sears
It is contended by counsel for appellants that this suit should have been brought in the name of the trustee named in the trust deed, and that it could not be maintained in the name of appellee, the holder of the notes secured. There is no merit in this contention. Cheltenham Co. v. Whitehead, 128 Ill. 279; Dorn v. Colt, 180 Ill. 397; Town v. Alexander, 85 Ill. App. 512.
It is also contended that appellee could not maintain the suit, because he was not the owner of the notes secured by the trust deed. Appellee being the holder of the notes, which were indorsed in blank, it will be presumed…
2Cases cited4 opinions
- Cheltenham Improvement Co. v. WhiteheadIllinois Supreme Court · 1889
- Hutchinson v. CraneIllinois Supreme Court · 1881
- Town v. AlexanderAppellate Court of Illinois · 1899
- Dorn v. ColtIllinois Supreme Court · 1899
3Cited by1 opinion
- Dillon v. ElmoreAppellate Court of Illinois · 1934