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FIRST NAT. BANK v. CONFERENCE CLAIMANTS SOC.

Gen. No. 68-40.

109 Ill. App.2d 477 (1969)

248 N.E.2d 718

The First National Bank of Mt. Vernon, Illinois, Plaintiff-Appellee, v. The Conference Claimants Society of the Southern Illinois Conference of the Methodist Church, a Corporation, Defendant-Appellant, Ace Summers, et al., and Paul Wielt, d/b/a G.F. Wielt Company, Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

May 29, 1969.

Attorney(s) appearing for the Case

William C. Stephens, Murray & Stephens, of Centralia, for appellant.

Donald G. Musick, Kirk & Musick, of Mt. Vernon, for appellee.

EBERSPACHER, J.

This is a suit to have an agreement for warranty deed construed as a mortgage and to set aside a forfeiture of the agreement which had been declared by the seller. The Circuit Court of Jefferson County, Illinois, found the agreement to be an equitable mortgage and ordered a sale of the original purchaser's interest in the real estate subject to the mortgage. The defendant, contract seller, has appealed...

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