Grove v. Chicago Title & Trust Co.

PRESIDING- JUSTICE MURPHY

delivered the opinion of the court.

This is an appeal from an injunctive order entered in a real estate foreclosure proceeding. Defendant Marshall Levy, doing business as Federal Finance Association, was restrained from collecting part of his Municipal Court of Chicago judgment against defendant Henry L. Sweitz, a joint owner of the equity of redemption of the subject real estate, because the chancellor found a $10,000 commission to be usurious as to Sweitz. Levy appeals.

The instant controversy is between these two defendants and affects distribution of any surplus…