Pappas v. Cappell

Mr. Presiding Justice McSurely

delivered the opinion of the court.

Plaintiff appeals from an amended foreclosure decree entered December 1, 1937, altering a prior decree entered October 24,1936.

The trust deed sought to be foreclosed was executed August 1, 1929, by George W. Cappell, Jr., conveying to Daniel V. Harkin, trustee, certain real estate in Chicago to secure 23 promissory notes, notes 1 to 16 inclusive being for $500 each, and notes 17 to 23 inclu.sive for $1,000 each, all due five years from date, to wit, August 1, 1934.

February 20,1934, plaintiff filed his complaint seeking to…