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AMERICAN NAT. BANK & TRUST, ETC. v. SCHULTZ

Gen. No. 77-331.

369 N.E.2d 903 (1977)

54 Ill. App.3d 488

12 Ill.Dec. 196

AMERICAN NATIONAL BANK AND TRUST COMPANY OF WAUKEGAN, Individually and as Trustee, Plaintiff-Appellee, v. Lewis M. SCHULTZ and Marie C. Schultz, his wife, Defendants-Appellants, and Frank C. Potter, American National Bank and Trust Company, as Trustee under Trust No. 339, Owners of the Beneficial Interest in Said Trust, Jerome R. Thomas, Thomas O. Peters, Jr., Waukegan General Finance Corporation, United States of America, and Unknown Owners, Defendants.

Appellate Court of Illinois, Second District.

November 10, 1977.

Attorney(s) appearing for the Case

Julius Abler, Libertyville, for defendants-appellants.

Wasneski, Yastrow, Kuseski & Flanigan, Richard B. Kuseski, Waukegan, for plaintiff-appellee.

BOYLE, Justice.

American National Bank and Trust Company of Waukegan (hereinafter "mortgagee"), in a pending foreclosure action against Lewis M. Schultz and Marie C. Schultz (hereinafter "defendants"), filed a petition to place itself in possession as mortgagee of premises located at 830 Ash Street, Waukegan, Illinois. The defendants filed a "response" to this petition but did not specifically deny any of the allegations set forth in the mortgagee's petition. The...

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