State Bank of St. Charles v. Burr

Mr. Justice

Farthing delivered the opinion of the court:

On November 9, 1938, appellant James H. Burr, filed a petition in a foreclosure suit in the circuit court of Kane county in which he was a defendant. A decree of foreclosure entered on October 22, 1936, had been affirmed by the Appellate Court. (State Bank of St. Charles v. Burr, 295 Ill. App. 15.) The petition alleged that on February 13, 1936, the State Bank of St. Charles filed its complaint to foreclose certain trust deeds on real estate; that Burr filed an answer and a counter-claim on which he demanded a jury trial. The issues on…