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EVERGREEN SAV. & LOAN ASS'N v. BARNARD

No. 77-841.

65 Ill. App.3d 492 (1978)

382 N.E.2d 467

EVERGREEN SAVINGS AND LOAN ASSOCIATION, Plaintiff-Appellant, v. LESLIE C. BARNARD et al., Defendants. — (HAPPIEST PARTNER CORPORATION, Intervening Defendant-Appellee.)

Appellate Court of Illinois — First District (4th Division).

Opinion filed October 12, 1978.

Attorney(s) appearing for the Case

Charles J. O'Laughlin, J. Stephen Walker, and Michael J. Rovell, all of Chicago (Jenner & Block, of counsel), for appellant.

Howard C. Emmerman and John K. Kallman, both of Chicago (Rudnick & Wolfe, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE LINN delivered the opinion of the court:

Plaintiff, Evergreen Savings and Loan Association (Evergreen), brought this action in the circuit court of Cook County to foreclose its mortgage secured by certain real property held in a land trust. The trial court allowed Happiest Partner Corporation (HPC), a beneficiary of the trust, to intervene as a defendant and file a petition asserting its right to cure the amount in default...

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