CADLE CO. II, INC. v. STAUFFENBERG

No. 3-91-0112.

581 N.E.2d 882 (1991)

221 Ill. App.3d 267

163 Ill.Dec. 728

The CADLE COMPANY II, INC., Plaintiff-Appellant, v. Phyllis L. STAUFFENBERG, Defendant-Appellee Glenn L. Stauffenberg, a/k/a Glen Stauffenberg; Olympic Federal Savings and Loan Association, f/k/a State Savings and Loan Association; Dennis Coy, Successor Trustee to A.L. Brocksmith, Trustee; Peoples Bank Marycrest; Peoples Bank Marycrest, Trustee; Creditors Collection Bureau, Inc.; and Unknown Owners and Non-record Claimants, Defendants.

Appellate Court of Illinois, Third District.

November 8, 1991.


Attorney(s) appearing for the Case

Larry D. Serene, Kankakee, for The Cadle Co. II, Inc.

Leonard F. Sacks, argued, Sacks & Albrecht, Kankakee, for Phyllis L. Stauffenberg.


Justice SLATER delivered the opinion of the court:

Plaintiff appeals from the trial court's dismissal of its complaint for foreclosure. The issue on appeal is whether a mortgage purporting to convey real estate held in joint tenancy, signed by only one of the two joint tenants, is effective to convey the interest of that joint tenant. We find that it is. The only parties before this court are the plaintiff, Cadle Company II, Inc., and defendant, Phyllis L. Stauffenberg...

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