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MERRICK v. DAEHLER

No. 71-223.

5 Ill. App.3d 269 (1972)

282 N.E.2d 163

EDWIN W. MERRICK, as Exr. of ESTATE OF PAULINE M. EVANS, Deceased, et al., Plaintiffs, Counter-Defendants and Appellees, v. FLORENCE DAEHLER, Defendant, Counter-Plaintiff and Appellant.

Appellate Court of Illinois — Second District.

April 25, 1972.

Attorney(s) appearing for the Case

Reid, Ochsenschlager, Murphy & Hupp, of Aurora, (William C. Murphy, of counsel,) for appellant.

Gunner, Keller & Magdich, of Dixon, for appellees.

Judgment reversed.

Mr. PRESIDING JUSTICE SEIDENFELD delivered the opinion of the court:

This appeal questions whether the grantee in a deed given as security in the nature of a mortgage has effected a change in prior title by a conveyance after repayment of the debt.

Edwin W. Merrick, as executor of the Last Will and Testament of Pauline M. Evans, Deceased, and Elizabeth Bales, a residuary beneficiary under the will, sued to eject the defendant from...

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