Dorn v. Ward
Appellate Court of Illinois
Foreclosure.—Trial in the Circuit Court of Cook County; the Hon. Edmund W. Burke, Judge, presiding. Hearing and deeree for complainant; appeal by defendant. Heard in the Branch Appellate Court at the March term, 1899.
1Opinion of the CourtJustice Shepard
The main question is, may an Appellate Court sustain a decree foreclosing a trust deed, in the nature of a mortgage, without the trust deed, or a properly identified and proved .copy of it, appearing in the record, in a case where, as here, all the allegations of the bill, and the execution arid delivery of the trust deed sought to be foreclosed, are specifically denied by the answer, and the decree makes no specific findings in relation to the trust deed, but, in that respect, merely finds that “ all the material allegations in said bill of complaint are proved.”
The only answer the appellee…
2Cases cited1 opinion
- John V. Farwell Co. v. PattersonAppellate Court of Illinois · 1898