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ZYKS v. BOWEN

Gen. No. 46,028.

351 Ill. App. 491 (1953)

115 N.E.2d 577

Casimir E. Zyks, Appellee, v. Dorothy Bowen et al. On Appeal of Dorothy Bowen, Ed. Hoopes, Frances Wright, and Tommy Wood, Appellants.

Appellate Court of Illinois.

Released for publication December 1, 1953.

Attorney(s) appearing for the Case

IRVING B. CAMPBELL, HAROLD C. OSBURN, and HAROLD V. SNYDER, all of Chicago, for appellants; HAROLD V. SNYDER of Chicago, of counsel.

LUSTER & LUSTER, of Chicago, for appellee; JULIAN J. LUSTER, of Chicago, of counsel.

MR. JUSTICE TUOHY delivered the opinion of the court.

Plaintiff filed his bill to foreclose a trust deed in the nature of a mortgage given to secure a principal note in the amount of $4,000. The defense urged was that although the debt remained existent, the lien of the trust deed expired by limitation under the provisions of section 11 (b) of the Illinois Limitations Act [Ill. Rev. Stats. 1951, ch. 83, § 11b; Jones Ill. Stats. Ann. 107.270(1)] because the note...

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