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VERSON v. HARDT

Gen. No. 68-132.

107 Ill. App.2d 480 (1969)

246 N.E.2d 461

Ben Verson, Trustee Under Trust Deed Dated May 4, 1961, and Recorded as Document No. 948232, and Benson Investment Corporation, an Illinois Corporation, Plaintiffs-Appellees, v. Willam C. Hardt and Marian D. Hardt, His Wife, Commercial Construction Corporation, an Illinois Corporation, Chicago Title and Trust Company, Trustee Under Trust Deed Dated November 30, 1961, and Recorded as Document No. 965255, Chicago Title and Trust Company, as Trustee Under Trust No. 35971, All Beneficiaries Under Chicago Title and Trust Company, as Trustee Under Trust No. 35971 and Unknown Owners, Defendants-Appellants.

Appellate Court of Illinois — Second District.

March 28, 1969.

Attorney(s) appearing for the Case

Charles G. Martin, of Chicago, for appellants.

Barry A. Pitler, of Chicago, for appellees.

MR. JUSTICE SEIDENFELD delivered the opinion of the court.

William C. Hardt and Marian D. Hardt, his wife, defendants, appeal from a decree of foreclosure of certain real estate held in the name of Commercial Construction Corporation, and pledged by Commercial as collateral on a note to the plaintiff, Benson Investment Corporation, dated May 4th, 1961, in the amount of $109,000. (Commercial has not appealed.)

Part of the proceeds of the collateral note was...

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