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BANKERS TRUST CO. v. CHICAGO TITLE & TRUST

Nos. 79-1816, 80-700 cons.

89 Ill. App.3d 1014 (1980)

412 N.E.2d 660

BANKERS TRUST COMPANY et al., Plaintiffs-Appellants, v. CHICAGO TITLE & TRUST COMPANY et al., Defendants. — (LEONARD HARTENFELD, Intervenor-Appellee.)

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

Opinion filed October 28, 1980.

Attorney(s) appearing for the Case

Douglas F. Fuson and Kathryn E. Korn, both of Sidley & Austin, of Chicago, for appellants.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago (D. Kendall Griffith, Dennis J. Horan, George W. Spellmire, and Leonard Hartenfeld, of counsel), for appellee.

Judgment reversed.

Mr. JUSTICE HARTMAN delivered the opinion of the court:

Leonard Hartenfeld (hereinafter "Hartenfeld" or "intervenor"), over objection, was permitted to intervene in a mortgage foreclosure proceeding alleging that he was entitled to an equitable lien on the subject land or its proceeds in payment of attorney's fees incurred by his client, Lee Romano. In a bench trial, the court recognized the asserted equitable lien in the amount of $150...

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