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DE KALB BANK v. KLOTZ

No. 2-85-0860.

151 Ill. App.3d 638 (1986)

502 N.E.2d 1256

THE DE KALB BANK, Plaintiff and Counterdefendant-Appellee, v. DWIGHT KLOTZ et al., Defendants (Sandwich State Bank, Counterplaintiff-Appellee; Dwight Klotz, Counterdefendant).

Appellate Court of Illinois — Second District.

Rehearing denied February 9, 1987.

Attorney(s) appearing for the Case

David J. Witheft, of Boyle, Cordes, Witheft & Brown, of De Kalb, for appellant.

Daniel J. Kramer, of Law Office of Daniel J. Kramer, of Yorkville, for appellee.

Reversed and remanded.

JUSTICE LINDBERG delivered the opinion of the court:

Plaintiff, The De Kalb Bank (De Kalb), brought an action in replevin in the circuit court of Kane County against defendants, Dwight Klotz (Klotz) and Hinckley Grain Company, to recover possession of farm equipment, cattle, and grain owned by Klotz. Counter-plaintiff, Sandwich State Bank (Sandwich), intervened asserting a first-in-time priority lien to that of counterdefendants De Kalb...

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