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SPENCER v. SCOTT

No. 4-91-0410.

584 N.E.2d 1024 (1991)

223 Ill. App.3d 418

165 Ill.Dec. 590

Joseph William SPENCER, Plaintiff-Appellant, v. Katheryn SCOTT, Individually and as Executor of Estate of David L. Scott, Deceased, Defendant-Appellee (Ben Ray Scott, et al., Defendants; Magna Millikin Bank of Decatur, N.A., as Successor in Interest to Northtown Bank of Decatur and Northtown Bank and Trust, Counterplaintiff-Appellee; Katheryn Scott Mauk, Individually, and as Executor of the Estate of David L. Scott, Deceased, et al., Counterdefendants; Scott State Bank, Counterdefendant-Appellee; Joseph William Spencer, et al., Counterdefendants-Appellants).

Appellate Court of Illinois, Fourth District.

December 30, 1991.

Attorney(s) appearing for the Case

David C. Nelson, Dilsaver, Nelson & Winter-Black, David Y. Eberspacher, Heller, Holmes, Hefner & Eberspacher, Ltd., Mattoon, for Joseph William Spencer.

Darrel F. Parish, Roberts, Parish & Castleman, Ltd., Decatur, for Scott State Bank.

Richard L. Heavner, Heavner, Handegan & Scott, Decatur, for Katheryn Scott Mauk.

Justice LUND delivered the opinion of the court:

This is an appeal by Joseph William Spencer, Joseph Wayne Spencer, and Anna Marie Owens (the Spencers and Owens) from the order of the circuit court of Moultrie County dated January 14, 1991, granting the motion of defendants Scott State Bank (Scott Bank) and Katheryn Scott (Katheryn) to dismiss plaintiffs' complaint to foreclose mortgages, and the order of May 6, 1991, denying the motion for reconsideration.

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