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PRIOR v. FIRST BANK & TRUST CO. OF MT. VERNON

No. 5-91-0038.

596 N.E.2d 891 (1992)

231 Ill. App.3d 331

173 Ill.Dec. 267

John PRIOR d/b/a Prior Oil Co., Plaintiff-Appellant, v. FIRST BANK AND TRUST CO. OF MT. VERNON, Illinois, as Trustee under the Provisions of a Trust Agreement known as Trust # 15418, Darrell Davis, Evelyn C. Davis, Charles Eugene Davis, Evelyn L. Davis, and Unknown and Non-record owners and other lien claimants, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

July 21, 1992.

Attorney(s) appearing for the Case

Ronald A. Niemann, Niemann and Parker, Centralia, for plaintiff-appellant.

David L. Piercy, Howard & Howard, Mt. Vernon, for Darrell, Evelyn L., Charles Eugene, and Evelyn C. Davis.

Justice RARICK delivered the opinion of the court:

Plaintiff, John Prior, d/b/a Prior Oil Company, appeals from the granting of summary judgment by the circuit court of Jefferson County in favor of defendants, Darrell, Evelyn C., Charles Eugene and Evelyn L. Davis, on plaintiff's claim for a mechanics' lien against their property. We reverse and remand.

Defendants are the owners of the beneficial interest of a land trust of which First Bank and Trust Co. of...

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