#### Charles E. Moran, Appellant, v. A. B. Dennis and Oliver Morgan, Appellees.

(Not to be reported in full.)

Appeal from the Circuit Court of Vermilion county; the Hon. William B. Scholeield, Judge, presiding.

Heard in this court at the October term, 1912.

Reversed and remanded with directions.

Opinion filed October 16, 1913.

Statement of the Case.

Action by Charles E. Moran against A. B. Dennis and Oliver Morgan, in assumpsit, to recover a certain sum alleged to be due to plaintiff from defendants by reason of the defendants procuring the release of a mortgage which plaintiff had assumed as a prior grantee. From an order sustaining a demurrer to plaintiff’s declaration, plaintiff appeals.

*273Abstract of the Decision.

Mortgages, § 270 * —when declaration in assumpsit for wrongful release of mortgage states a cause of action. Declaration in assumpsit against two defendants to recover a sum claimed to he due to plaintiff hy reason of the wrongful release of a mortgage, alleging that plaintiff was a grantee of mortgagor and was compelled to pay the mortgage by reason of a clause in his deed assuming the mortgage, that one of the defendants, a subsequent grantee, who also assumed the mortgage wrongfully procured the other defendant, the mortgagee, to execute a release thereof, thereby depriving the plaintiff of the right to pursue the property and foreclose the mortgage, held to state a cause of action, and that the action of the court in sustaining a demurrer to the declaration was error.

G. W. Salmans, for appellant.

A. B. Dennis, for appellees.

*

See Illinois Notes Digest, Vols. XI to XV, same topic and section number.

Mr. Presiding Justice Philbrick

delivered the opinion of the court.