Morganroth v. Pink

Mr. Presiding Justice McSurely

delivered the opinion of the court.

This is the second time this case has been before us on appeal; see opinion reported in 216 Ill. App. 158, where the case is stated substantially as follows: Judgment for $9,695.25 was entered by confession on a note which had been signed, indorsed and delivered by defendant to plaintiff, with a trust deed conveying as security certain real estate in Chicago. Subsequently defendant sold the real estate, his deed reciting that the sale was subject to the trust deed, the grantee assuming and agreeing to pay the indebtedness…