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CHECKLEY & CO., INC. v. CITIZENS NAT. BK. OF DECATUR

Gen. No. 10,987.

101 Ill. App.2d 95 (1968)

242 N.E.2d 56

Checkley and Company, Inc., and Franklin B. Bartholow, Plaintiffs-Appellants, v. The Citizens National Bank of Decatur, a National Banking Corporation, Clyde Sturgell, Sr., Annetta Sturgell, and Eugene Miller, in His Capacity as Sheriff of Douglas County, Illinois, Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

November 18, 1968.

Attorney(s) appearing for the Case

Kenneth E. Baughman, of Tuscola, for appellants.

Armin E. Baer, of Tuscola, Baird & Latendresse, of Decatur (Lloyd F. Latendresse, of counsel), for appellees.

CRAVEN, J., delivered the opinion of the court.

This appeal presents the question whether a purchaser at a partition sale is entitled to recover a pro tanto portion of the purchase price bid by him where the land sold at a price per acre based upon a definite metes-and-bounds description of a certain number of acres, "more or less," and by later survey it is determined that there is a shortage of 6.68 acres due to an...

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