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DIXON v. MOLLER

No. 76-98.

42 Ill. App.3d 688 (1976)

356 N.E.2d 599

MILLEDGE S. DIXON et al., Plaintiffs-Appellees, v. ANNETTE D. MOLLER, Defendant-Appellant. — (ROY MOLLER, Intervenor-Appellant, v. MILLEDGE S. DIXON et al., Defendants-Appellees.)

Appellate Court of Illinois — Fifth District.

Opinion filed October 13, 1976.

Attorney(s) appearing for the Case

Joel A. Kunin and David J. Letvin, both of Cohn, Carr, Korein, Kunin and Brennan, of East St. Louis, for appellant.

E. Charles Geittmann, of Geittmann & Foster, of Metropolis, for appellees.

Reversed and remanded.

Mr. JUSTICE EBERSPACHER delivered the opinion of the court:

Defendant-appellant, Annette D. Moller, and intervenor-appellant, Roy Moller, appeal from an order of the circuit court of Massac County providing for partition of real estate and affixing as a first lien upon the premises a $5,000 homestead allowance after payment of any mortgage liens in which the homestead right had been waived...

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