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HARLEM SAV. ASS'N v. LESNIAK

Gen. No. 52,863.

121 Ill. App.2d 137 (1970)

257 N.E.2d 230

Harlem Savings Association, Plaintiff and Counterdefendant-Appellee, v. Bruno Lesniak, Irene Lesniak, His Wife, Unknown Owners, Registrar of Torrens Title and Golden Manor Homes, Inc., Defendants, and Bruno Lesniak and Irene Lesniak, Defendants, Counter-plaintiffs and Third-Party Plaintiffs-Appellants, v. Harlem Savings Association, Counterdefendant-Appellee, and Golden Manor Homes, Inc., Third-Party Defendant-Appellee.

Appellate Court of Illinois — First District.

Rehearing denied March 25, 1970.

Attorney(s) appearing for the Case

Arthur George, of Chicago, for appellants.

Haft, Shapiro and Haft, of Chicago (Morris A. Haft, of counsel), for appellee.

MR. JUSTICE SMITH delivered the opinion of this court.

The defendants, the Lesniaks (husband and wife), appeal from a decree of the circuit court ordering foreclosure of the property in which they reside. The decree is in error, they say, for three reasons: (1) The agreement wherein they assumed and agreed to pay an existing mortgage was fraudulently obtained; (2) the decree does not provide for a homestead exemption...

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