Neill v. Kimball

The initial question requiring consideration on this appeal is whether a freehold is involved, within the contemplation of section 75 of the Civil Practice Act. (Ill. Rev. Stat. 1943, chap, no, par. 199.) From the pleadings and the evidence it appears that in 1931 a plan of reorganization was effected by a bondholders’ protective committee representing bonds secured by a trust deed in the nature of a mortgage on property located at 6151 Winthrop avenue, Chicago. Pursuant to this plan, Winthrop Towers Hotel Corporation was created; a new mortgage securing a note for $200,000 was executed; 5…