Trapp v. Gordon

We must determine in this case whether the circuit court of Cook county, in entering a decree foreclosing a purchase money mortgage of $80,000, properly denied the defendants, part of whom were not mortgage debtors, their claim to a perpetual easement of right of way across the mortgaged premises. A synopsis of the facts and pleadings will aid in understanding and deciding of the issues involved.

In 1929 the plaintiffs below, known collectively as the Trapp heirs, were the owners of a rectangular tract of fifteen acres of land adjacent to Hibbard road, in Winnetka. Two acres in the southeast…