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MLC CORP. v. CLUXTON

No. 72-79.

10 Ill. App.3d 239 (1973)

293 N.E.2d 475

MLC CORPORATION, INC. et al., Plaintiffs-Appellees, v. HARLEY E. CLUXTON, JR., et al., Defendants-Appellants.

Appellate Court of Illinois — Second District.

March 1, 1973.

Attorney(s) appearing for the Case

Snyder, Clarke, Dalziel, Holmquist & Johnson, of Waukegan, (Lewis D. Clarke, and Lewis D. Clarke, Jr., of counsel,) for appellants.

Philip S. Aimen, of Chicago, for appellees.

Reversed and remanded.

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

The defendant Elizabeth P.K. Cluxton only, appeals from a decree of foreclosure and sale of the Circuit Court of Lake County, the denial of her defense of usury set forth in her amended answer, the denial of her post-trial motion to vacate the decree and to assert the defense of discharge, and from the sale held pursuant to the decree of foreclosure.

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