Chicago Title & Trust Co. v. Colby

Mr. Presiding Justice McSurely

delivered the opinion of the court.

This is a foreclosure proceeding which was referred to a master whose report favored plaintiff and a decree was entered accordingly, from which John S. Smith, administrator, appeals.

The theory of the defense is that M. E. Greenebaum, the trustee in a prior trust deed, failed to enforce the provisions of a deed in trust from Lucy Eolfe, the original mortgagor, conveying the premises to one of her sons, Frederick H. Eolfe, directing him to apply a certain amount of the income to the payment of the mortgage debt secured by the…