HOLT v. DUNCAN

Gen. No. 61-O-2.

33 Ill. App.2d 477 (1962)

180 N.E.2d 36

Norris B. Holt and Juanita B. Holt, Plaintiffs-Appellants, v. Harley R. Duncan, et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Rehearing denied February 27, 1962.


Attorney(s) appearing for the Case

Craig & Craig, of Mt. Vernon (Ronald W. Polston, of counsel) for appellants.

Frank H. Walker and Howard & Howard, of Mt. Vernon, for appellees.


HOFFMAN, PRESIDING JUSTICE.

This action was brought to redeem 90 acres of land from a purported mortgage. On defendant's motion, the trial court dismissed plaintiffs' suit, on the grounds that plaintiffs' complaint did not state a cause of action, and this appeal is taken from that order.

The complaint, filed September 6, 1960, alleged in substance that on March 16, 1940 the plaintiffs were the owners in fee...

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