BROGNI v. CHICAGO TITLE TRUST CO., 312 Ill. App. 656 (1942)

38 N.E.2d 804

Gen. No. 41,710. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed January 7, 1942

FORECLOSURE OF MORTGAGES, § 255[*] — prior foreclosure as res adjudicata on all interests under mortgage. Where, in a prior foreclosure suit, a decree was entered which found plaintiff’s interest coupons had been subordinated and awarded the trustee a subordinated lien for the use of the holders of the coupons and directed that the property be sold to satisfy the debt, a sale discharged the lien of the trust deed as security for the subordinated interest coupons and, although redemption had been made by the junior mortgagee, a second complaint to foreclose by the holder of some subordinated coupons was properly dismissed.

Appeal from Circuit Court of Cook county; Hon. STANLEY H. KLARKOWSKI, presiding.

Affirmed. Heard in third division, first district, this court at April term, 1941.

Henry W. Kenoe, for appellant;

Harold L. Reeve and A. Edmund Peterson, for certain appellee;

A. Edmund Peterson, of counsel.

Opinion by JUSTICE HEBEL.

“Not to be published in full.” Opinion filed January 7, 1942.