Opinion
Gen. No. 41,215. (Abstract of Decision.)
Opinion filed November 26, 1940
ABATEMENT AND REVIVAL, § 14 — foreclosure of senior mortgage, as not bar to foreclosure of junior mortgage. Where foreclosure proeeedings on first mortgage were pending when junior mortgagee sued to foreclose, the two suits were different and separate actions, and mortgagor could not obtain dismissal of second suit on plea of a prior suit pending, and while junior mortgagee could have filed a cross bill in first proceeding, he was not required to do so.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. CHARLES A. WILLIAMS, presiding.
Affirmed. Heard in second division, first district, this court at April term, 1940.
Irving G. Zazove, for appellant;
Nathan Schwartz, for appellee.
"Not to be published in full." Opinion filed November 26, 1940.