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MARSHALL SAV. & LOAN ASS'N v. CHICAGO NAT. BANK

Gen. No. 64-68.

56 Ill. App.2d 372 (1965)

206 N.E.2d 117

Marshall Savings and Loan Association, an Illinois Corporation, Plaintiff-Appellant, v. Chicago National Bank, etc., et al., Defendants-Appellees. John D. Smith, Olive M. Smith, and Kerin Lee Smith, a Minor, by John D. Smith, Her Father and Next Friend, Plaintiffs, v. Leonard M. Gervasio and Leonard M. Gervasio & Co., Defendants.

Appellate Court of Illinois — Second District.

April 6, 1965.

Attorney(s) appearing for the Case

McGrath & Liston, of Wheaton (Robert C. Liston, of counsel), for appellant.

Douglas F. Comstock and James P. Chapman, of Downers Grove, attorneys for John D. Smith and Olive M. Smith, appellees.

ABRAHAMSON, P.J.

This is an appeal from an order of the Circuit Court of DuPage County, wherein the chancellor, after entering a decree of foreclosure, further ordered on a post-trial motion that the defendants Smiths had a prior equitable lien for certain monies expended by them prior to the execution of the mortgage foreclosed by Marshall Savings and Loan Association, plaintiff. Smiths executed a real estate sale...

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