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KELLY v. GERMANIA SAVINGS & LOAN ASSOC.

No. 37695.

28 Ill.2d 591 (1963)

192 N.E.2d 813

MYRTLE LORRAINE KELLY, Appellant, v. GERMANIA SAVINGS AND LOAN ASSOCIATION, Appellee.

Supreme Court of Illinois.

Opinion filed September 27, 1963.

Attorney(s) appearing for the Case

A. ALAN HART, of Alton, for appellant.

O'NEILL & O'NEILL, of Alton, (SCHAEFER O'NEILL, of counsel,) for appellee.

Reversed and remanded.

Mr. JUSTICE SOLFISBURG delivered the opinion of the court:

This is an action by the plaintiff, Myrtle Lorraine Kelly, against the defendant, Germania Savings and Loan Association, seeking in the alternative specific performance of a real-estate contract, or a declaration that the contract is an equitable mortgage. After hearing, the trial court entered a decree for the defendant, and plaintiff appeals directly to this court, a freehold...

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