Altschuler v. Sandelman

Mr. Presiding Justice Gridley

delivered the opinion of the court.

In a proceeding to foreclose a second mortgage the court, on March 23, 1931, sustained complainant’s general demurrer to the intervening petition of the Chicago Trust Company, the trustee named in the first trust deed or mortgage, and, upon its election to stand by the petition, dismissed it for want of equity. This appeal followed.

Complainant’s bill, filed February 18, 1931, prayed for an accounting, a foreclosure and the immediate appointment of a receiver. It is in the usual form and alleged in substance that on November 22,…