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APOLLO SAV. & LOAN ASS'N v. BUROW

Gen. No. 11,629.

39 Ill. App.2d 273 (1963)

188 N.E.2d 900

Apollo Savings and Loan Association, Plaintiff-Appellee, v. William E. Burow and Joan S. Burow, Defendants, and J.R. Willens, Trustee, Defendant-Appellee, and United States of America, Defendant-Appellant.

Appellate Court of Illinois — Second District, Second Division.

Rehearing denied April 2, 1963.

Attorney(s) appearing for the Case

Louis F. Oberdorfer, Assistant Attorney General, Lee A. Jackson, Joseph Kovner and David I. Granger, Attorneys, Department of Justice, of Washington, D.C., James P. O'Brien, United States Attorney, and John R. Hieber, Assistant United States Attorney, of Chicago, for appellant.

Fischel, Kahn, Heart & Weinberg (Jay L. Olschan, of counsel), of Chicago, for appellee.

WRIGHT, P.J.

The plaintiff, Apollo Savings and Loan Association filed its complaint in the Circuit Court of DuPage County on May 15, 1961, to foreclose a mortgage held by it, executed by the defendants, William E. Burow and Joan S. Burow. Attached to the complaint were the promissory obligation and the mortgage securing the obligation. Both provided for a reasonable attorney's fee for the mortgagee in the event of default...

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