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SOUTHWEST F.S. & L. v. COSMOPOLITAN NAT. BANK

Gen. No. 47,560.

23 Ill. App.2d 174 (1959)

161 N.E.2d 697

Southwest Federal Savings and Loan Association of Chicago, Appellee, v. The Cosmopolitan National Bank of Chicago, a National Banking Association, Trustee under Trust Agreement dated October 16, 1953, and known as The Mutual National Bank of Chicago, as Trustee, The United States of America, et al., Appellees, Eleanor B. Johnson, also known as Eleanor R. Borgmeier, and Edmund J. Johnson, Her Husband, Appellants.

Appellate Court of Illinois — First District, Third Division.

Released for publication November 12, 1959.

Attorney(s) appearing for the Case

E.R. Borgmeier, of Washington, D.C., for appellants.

Edwin C. Podewell, of Chicago, for Southwest Federal Savings and Loan Association of Chicago, appellee; Herbert R. Stoffels, of Chicago, for Citizens State Bank of Park Ridge, appellee.

Charles K. Rice, Assistant Attorney General, Lee A. Jackson, Melva M. Graney, and Carolyn R. Just, Attorneys, Department of Justice, Washington 25, D.C., Robert Tieken, United States Attorney, and Alice M. McClanahan, Assistant United States Attorney, for United States, appellees.

JUSTICE FRIEND delivered the opinion of the court.

Defendants appeal from a decree of foreclosure and sale entered in the Superior Court on December 9, 1957. The complaint is in the usual form, alleging that approximately $14,000, plus interest, was due in payment on a principal note in the amount of $18,000; that the legal title to the premises was vested in The Cosmopolitan National Bank of Chicago, as trustee under...

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