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LOWENSTEIN v. CHICAGO TITLE & TRUST CO.

Gen. No. 44,875.

340 Ill. App. 160 (1950)

91 N.E.2d 96

Samuel Lowenstein, Appellant, v. Chicago Title and Trust Company, Appellees.

Appellate Court of Illinois.

Rehearing denied March 31, 1950.

Released for publication April 3, 1950.

Attorney(s) appearing for the Case

AARON LOWENSTEIN, of Chicago, for appellant.

RAYMOND A. KINZIE, of Chicago, for appellees.

MR. JUSTICE KILEY delivered the opinion of the court.

This is a foreclosure suit. It is unusual because plaintiff seeks to subject the mortgaged property to satisfaction of judgments against formal guarantors of the mortgage paper, Seibert, Tompkins and Colomb, hereinafter referred to as defendants. The Chancellor sustained the motion of the defendant Elmore Co. and dismissed the amended and supplemented complaint for want of equity. Plaintiff has appealed.

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