Palkey v. Donichy

This is an appeal from an order of the Superior Court of Cook County dismissing plaintiff’s complaint to foreclose a first mortgage upon certain real estate located in Cook County. The order was entered on the motion of three of the defendants, owners of an equitable title to the said real estate. The motion was brought under section 48 of the Civil Practice Act [Ill. Rev. Stats. 1957, ch. 110, § 48].

In order to understand the issues it is necessary to set forth the history of the case preceding the present litigation.

The premises in question, at 3019 Ruby street, Franklin Park, Illinois,…