Dorn v. Colt
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. H. M. Shepard, Judge, presiding.
1Opinion of the CourtJustice Carter
In the superior court of Cook county appellee, Colt, obtained a decree foreclosing a deed of trust as a mortgage, and for the sale of the property. On Dorn’s appeal the Appellate Court affirmed the decree. On this his further appeal Dorn insists that appellee had no right to file the bill in her own name, but that it should have been brought by the trustee.
Appellee was the legal holder and owner of the notes secured by the deed of trust and was the proper party complainant. The trustee was made a defendant. The mere fact that the deed of trust provided that in case of default in payment it…
2Cases cited1 opinion
- Cheltenham Improvement Co. v. WhiteheadIllinois Supreme Court · 1889
3Cited by4 opinions
- Dillon v. ElmoreIllinois Supreme Court · 1935
- Dillon v. ElmoreAppellate Court of Illinois · 1934
- Lincoln National Bank v. MundyAppellate Court of Illinois · 1911
- Surine v. WinterbothamAppellate Court of Illinois · 1901