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FIRST FED. SAV. & LOAN ASS'N v. POGUE

No. 78-203.

72 Ill. App.3d 54 (1979)

389 N.E.2d 652

FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF CHICAGO, Plaintiff, v. JOHN M. POGUE et al., Defendants. — (CITIZENS NATIONAL BANK OF DOWNERS GROVE, Defendant-Appellant; OAK BROOK BANK et al., Defendants-Appellees.)

Appellate Court of Illinois — Second District.

Opinion filed May 8, 1979.

Attorney(s) appearing for the Case

Edward W. Barrett, of Crowley, Barrett & Karaba, of Chicago, for appellant.

John T. Duax, of Martin, Drucker, Karcazes & Duax, of Chicago, for appellees.

Reversed and remanded.

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

Priority between judgment creditors to the proceeds of sale following foreclosure of a condominium unit mortgage is in issue in this appeal.

The Citizens National Bank of Downers Grove (Downers Grove) claims priority under an assignment of beneficial interest in a land trust holding title to the subject property executed by the defendants, John M. Pogue and Betty M. Pogue...

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