#### The Equitable Trust Company of New York, as trustee, complainant, v. Chicago, Peoria & St. Louis Railroad Company et al., defendants, on appeal of Bankers Trust Company of New York, as trustee, appellant, v. The Equitable Trust Company of New York, as trustee, appellee.

Gen. No. 7,663.

Bill to foreclose mortgage. Decree for complainant. Appeal from the Circuit Court of Sangamon county; the Hon. Elbert S. Smith, Judge, presiding. Heard in this court at the October term, 1923.

Affirmed in part, and reversed in part, and remanded with directions.

Opinion filed April 30, 1924.

White & Case and Brown, Hay & Stephens, for appellant; J. E. Waid, of counsel. Murray, Prentice & Aldrich and Philip Barton Warren, for appellee.

Mr. Justice Niehaus

delivered the opinion of the court.