Lake Shore Savings & Loan Ass'n v. American National Bank & Trust Co.

MR. PRESIDING JUSTICE BURMAN

delivered the opinion of the court.

This appeal is taken by defendant, Irving Atkins, from an order denying his petition pursuant to section 72 of the Civil Practice Act (Ill Rev Stats 1965, c 110, § 72) to vacate a default judgment entered against him in a foreclosure proceeding.

The record reveals that plaintiff, Lake Shore Savings and Loan Association, filed a suit to foreclose a $60,000 mortgage. The mortgage had been executed by the American National Bank and Trust Company, as trustee, under a land trust. Under the terms of the trust the defendant, Atkins, was…