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STERLING SAVINGS & LOAN ASS'N v. SCHULTZ

Gen. No. 50,487.

71 Ill. App.2d 94 (1966)

218 N.E.2d 53

Sterling Savings and Loan Association, an Illinois Corporation, Plaintiff-Appellee, v. Alvin A. Schultz, et al., Defendants-Appellees, Bank of Lyons, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied June 17, 1966.

Attorney(s) appearing for the Case

Herbert Lesser, Willard J. Lassers, Elson, Lassers and Wolff, of Chicago, for appellant.

Edward J. Barrett, of Chicago, for appellee, Mary Schultz; no brief filed for appellee, Sterling Savings and Loan Association.

MR. PRESIDING JUSTICE SULLIVAN delivered the opinion of the court.

Plaintiff, Sterling Savings and Loan Association, brought an action in March of 1963 to foreclose a mortgage on a residence at 1046 North Lathrop Ave., River Forest, Illinois, title to which was held by the Chicago City Bank and Trust Company, as trustee under a land trust. The beneficiaries of the trust, Alvin and Mary Schultz, and the trustee, were named as defendants in the foreclosure suit. Subsequently...

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