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HORNEY v. HAYES

No. 34052.

11 Ill.2d 178 (1957)

142 N.E.2d 94

AINSLEY E. HORNEY, Appellant, v. MICHAEL T. HAYES et al. — (EDMUND J. WALSH, Appellee.)

Supreme Court of Illinois.

Rehearing denied May 20, 1957.

Attorney(s) appearing for the Case

GEORGE Q.M. ST. GEORGE, of Chicago, for appellant.

JOHN A. BUSSIAN, and WILLIAM M. DOTY, both of Chicago, for appellee.

Decree affirmed.

Mr. CHIEF JUSTICE KLINGBIEL delivered the opinion of the court:

The plaintiff, Ainsley E. Horney, who held a certificate of beneficial interest in a land trust, assigned it to defendant Michael T. Hayes as security for a loan. The loan was not repaid at maturity; and Hayes, proceeding under a power of sale conferred by the assignment, sold the certificate to defendant Edmund J. Walsh. The plaintiff thereafter brought suit in the circuit court...

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