Legal Opinion

Lang v. Metzger

Appellate Court of Illinois

Decided December 14, 1899PublishedCited by 1 opinion

Foreclosure.—Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Heard in this court at the March term, 1899.

1Opinion of the Court

Mr. Presiding Justice Sears

delivered the opinion of the court.

But one question is presented upon this appeal, viz.: was the release by Louis Pregler, trustee, of the Emily Lucand trust deed, operative to discharge the lien of such trust deed, and thereby make the trust deed given by Mary Pregler and Louis Pregler to secure appellee’s loan, a first lien upon the property ? Louis Pregler was, under the terms of the will of Babaclr, given general power to invest the trust fund from time to time as he might deem best. Hence, if the Lucand note, representing the trust fund, had in fact been paid…

2Cases cited4 opinions

  1. Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
  2. Keohane v. SmithIllinois Supreme Court · 1880
  3. Third National Bank v. LangeCourt of Appeals of Maryland · 1879
  4. Jummel v. MannAppellate Court of Illinois · 1899

3Cited by1 opinion

  1. Lang v. MetzgerAppellate Court of Illinois · 1902

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