Lennartz v. Quilty

Mr. Justice Win des

delivered the opinion of the court.

The principal question presented by this appeal is as to whether the appellant on the one part or the appellees on the other part, both claiming to be innocent parties, should suffer by reason of the wrong done by Popp and Bernhard Behrends in making and recording the .release of the Popp trust deed.

The question is not without difficulty, but if we were right in the decision of Carey v. Rauguth, 82 Ill. App. 418-24, then this question must be determined in favor of the appellees. In that case we held that a building association mortgage or…