(DOWNLOAD) "Skach v. Sykora" by Supreme Court of Illinois * eBook PDF Kindle ePub Free
eBook details
- Title: Skach v. Sykora
- Author : Supreme Court of Illinois
- Release Date : January 16, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Plaintiff, Patrick Skach, as the purchaser at a mortgage foreclosure sale, filed suit in the superior court of Cook County
to require both the issuance to him of a master's deed and the cancellation of a previously registered certificate of redemption.
The complaint, as amended, named the mortgagors, their assignees, the Cook County registrar of titles, a master in chancery
of the superior court, and the trustee in bankruptcy of one of the mortgagors as parties defendant. After termination of all
pleadings, a hearing was had thereon and the cause dismissed for want of equity. Since a freehold is here in issue, plaintiff
has appealed directly to this court. There is little dispute as to the facts involved. On October 31, 1950, a complaint was filed in the superior court of Cook
County to foreclose a first mortgage on a house and lot owned by John O. Sykora and Alma R. Sykora, his wife, in Berwyn, Illinois.
The property was stipulated to have had a fair cash value of between $20,000 and $23,000, and was registered under the Torrens
system of registration. Pursuant to a decree of foreclosure entered therein, the premises were, on March 29, 1951, sold at
public auction by the master in chancery to Patrick Skach, plaintiff herein, for the sum of $8400 and a master's certificate
of sale was thereafter issued. The proceeds of sale were more than sufficient to satisfy the decree of foreclosure and the
surplus of $340.72 was ordered deposited with the court clerk for the use and benefit of a junior mortgage and other defendants
as their respective interests might appear.