#### Polish National Alliance of the U. S. A., Appellant, v. Henry Paurowicz, et al., Appellees.

Gen. No. 21,288.

(Not to be reported in full.)

Abstract of the Decision.

1. Fraternal and mutual benefit societies, § 4 * —when taking of second mortgage by fraternal beneficiary society not illegal. A second mortgage given to secure advances made after the execution of a first mortgage to a fraternal beneficiary society constitutes a first lien on the real estate and is a permissible investment within Hurd’s Rev. St. ch. 73, secs. 272A, 272B (J. & A. n 6663, 6664). ■

2. Corporations, § 346*—when defense of ultra vires unavailable in action by. Where a'mortgagor receives money under a second mortgage given to a fraternal beneficiary society and subsequently incumbrances in favor of other persons are made with notice of the lien, the plea of ultra vires is unavailable.

Appeal from the Circuit Court of Cook county; the Hon. Jesse A. Baldwin, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1915.

Reversed and remanded with directions.

Opinion filed June 19, 1916.

Statement of the Case.

Bill by Polish National Alliance of the U. S. A., complainant, against Henry Paurowicz and others, defendants, to foreclose two mortgages on a certain piece of real estate, one made to secure a loan of a certain sum, and the other an additional advance. From a judgment for defendants, complainant appeals.

Smietanka, Johnson & Molthrop, for appellant; Charles P. Molthrop, of counsel.

No appearance for appellees.

*

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

Mr. Justice Goodwin

delivered the opinion of the court.