McDonell v. Hartnett

This is an appeal from an order of the circuit court of Cook county overruling a demurrer to an answer to a petition for a writ of assistance and dismissing the petition.

On July 31, 1917, appellee, James Hartnett, executed a trust deed on certain real estate in the city of Chicago to the Central Trust Company of Illinois to secure his note for $4000 and interest, due July 31, 1922. In the trust deed appellee described himself as a bachelor, and the trust deed, after the conveyance of the property in trust, contained this clause: “To have and to hold the above described premises, with the…