Legal Opinion

McKey v. Victory Ice & Ice Cream Co.

Appellate Court of Illinois

Decided February 23, 1940No. Gen. No. 40,601Published

1Opinion of the Court

Mr. Presiding Justice John J. Sullivan

delivered the opinion of the court.

This appeal seeks to reverse an order which approved, over the written objections of the intervener, the master’s report of the sale of the premises involved in this foreclosure proceeding.

The complaint to foreclose the trust deed in question alleged inter alia that the indebtedness secured by such trust deed was in default to the extent of $272,983.84. The trust deed upon which this action is predicated provided in part as follows:

“Article 11, Section 8. At any such sale . . . the Trustee or any successor in trust may…

2Cases cited6 opinions

  1. Belleville Savings Bank v. ReisIllinois Supreme Court · 1891
  2. Chicago Joint Stock Land Bank v. McCambridgeIllinois Supreme Court · 1931
  3. Burnham v. RothIllinois Supreme Court · 1910
  4. Silberman v. BecklenbergAppellate Court of Illinois · 1935
  5. Liberty Loan Ass'n v. BosenAppellate Court of Illinois · 1927

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