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SCHULTZ v. AMERICAN NAT'L BK. & TRUST CO.

No. 75-330.

40 Ill. App.3d 800 (1976)

352 N.E.2d 310

MARIE C. SCHULTZ et al., Plaintiffs-Appellants, v. AMERICAN NATIONAL BANK AND TRUST COMPANY et al., Defendants-Appellees.

Appellate Court of Illinois — Second District (2nd Division).

Rehearing denied August 27, 1976.

Attorney(s) appearing for the Case

Julius Abler, of Libertyville, for appellants.

Wasneski, Yastrow, Kuseski & Flanigan, of Waukegan, for appellees.

Affirmed in part and reversed in part.

Mr. JUSTICE DIXON delivered the opinion of the court:

Plaintiffs Marie and Lewis Schultz filed suit to cancel certain notes, deeds and security agreements on the grounds that there was no consideration given to plaintiffs. By answer defendant American National Bank and Trust Company (Bank) denied a lack of consideration. Plaintiffs and the defendant filed motions for summary judgment supported by affidavit. The Circuit...

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