McCarthy v. Lowenthal

Mr. Presiding Justice Kiley

delivered the opinion of the court.

This is an action to foreclose a trust deed securing a note dated February 11, 1930 and due February 11, 1933. On defendants’ motion the complaint was dismissed in the trial court on the ground that the action was barred by the Statute of Limitations. Plaintiff has appealed.

„ The question is whether the foreclosure action came within the 10 year limitation of Section 11 of the Limitations Act (Chap. 83, Ill. Rev. Stats. [Jones Ill. Stats. Ann. 107.259 et seq.]) as defendants contend, or within the 20 year limitation of Section 11…