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WILKINSON v. JOHNSON

No. 37626.

29 Ill.2d 392 (1963)

194 N.E.2d 328

LESLIE E. WILKINSON et al., Appellants, v. MYRTLE JOHNSON, formerly known as Myrtle McElmeel, Appellee.

Supreme Court of Illinois.

Opinion filed November 26, 1963.

Attorney(s) appearing for the Case

SAMUEL S. COHON, of Chicago, for appellants.

BEN COPPLE, of Chicago, and OSBORN & HERSHMAN, of Franklin Park, (JACK W. OSBORN, of counsel,) for appellee.

Affirmed in part and reversed in part.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

Plaintiffs, Leslie E. Wilkinson and Emily J. Wilkinson, brought suit in the superior court of Cook County to declare that two absolute deeds to certain real estate were in fact intended as mortgages and were given to secure an indebtedness that had since been fully repaid, which suit sought a recoveyance of the property. Defendant had previously brought suit against...

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