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NORTHWESTERN MUTUAL LIFE INS. v. WIEMER

No. 80-485.

96 Ill. App.3d 549 (1981)

421 N.E.2d 1002

THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, Plaintiff, v. AMELIA E. WIEMER et al., Defendants. — (AMELIA E. WIEMER, Third-Party Plaintiff-Appellant, v. THE HAVANA NATIONAL BANK, Third-Party Defendant-Appellee.)

Appellate Court of Illinois — Third District.

Rehearing denied June 29, 1981.

Attorney(s) appearing for the Case

Jay H. Janssen, of Peoria, for appellant.

David B. Radley, of Baymiller, Christison & Radley, of Peoria, for appellee.

Reversed and remanded.

Mr. JUSTICE HEIPLE delivered the opinion of the court:

On January 6, 1977, Northwestern Mutual Life Insurance Company (Northwestern), the plaintiff, filed a suit to foreclose its mortgage on a 310-acre farm in Marshall County. The farm was held in trust by the Havana National Bank (Havana Bank), as trustee, and Amelia Wiemer as beneficiary. Mrs. Wiemer's answer, by way of a third-party complaint, sought indemnification from Havana Bank...

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