Holt v. Duncan

HOFFMAN, PRESIDING JUSTICE.

This action was brought to redeem 90 acres of land from a purported mortgage. On defendant’s motion, the trial court dismissed plaintiffs’ suit, on the grounds that plaintiffs’ complaint did not state a cause of action, and this appeal is taken from that order.

The complaint, filed September 6, 1960, alleged in substance that on March 16, 1940 the plaintiffs were the owners in fee simple of 90 acres of land located in Jefferson County, Illinois; that at that time, they were indebted to one A. W. Leuty in the sum of $1,012.94, and that on said date of March 16,1940…