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ELLIOTT v. VALKANET

Gen. No. 11,131.

19 Ill. App.2d 346 (1958)

153 N.E.2d 588

Lloyd D. Elliott, Plaintiff-Appellee, v. John S. Valkanet and Beverly C. Valkanet, Defendants-Appellants. Consolidated with John S. Valkanet and Beverly C. Valkanet, for the Use of Lloyd D. Elliott, Plaintiffs-Appellants, v. Stanley M. Christian, Sheriff of Lake County, Defendant-Appellee.

Appellate Court of Illinois — Second District, First Division.

Released for publication November 20, 1958.

Attorney(s) appearing for the Case

Stagman, Spangler and Greenberg, Eugene T. Daly, M.G. Kaufman, all of Chicago (Erwin H. Greenberg, of counsel) for appellants.

J.E. Bairstow, and Lester F. Collins, of Waukegan, for appellee.

JUSTICE McNEAL delivered the opinion of the court.

On April 3, 1953, John S. Valkanet and Beverly C. Valkanet executed a note for $85,000, and as security for the note they executed a second trust deed on certain lands in Lake County, Illinois. The Valkanets defaulted in their payments on the note and Lloyd D. Elliott, as holder of the note, brought suit to foreclose the second trust deed. The chancellor found that the total amount due and owing from the Valkanets...

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