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METROPOLITAN BANK & T. CO. v. OLIVER

No. 53769.

4 Ill. App.3d 975 (1972)

283 N.E.2d 62

METROPOLITAN BANK & TRUST COMPANY, formerly known as METROPOLITAN STATE BANK, Plaintiff-Appellee, v. ZEKE OLIVER et al., Defendants-Appellants.

Appellate Court of Illinois — First District.

April 6, 1972.

Attorney(s) appearing for the Case

Morgan, Lanoff, Cook & Madigan and Scariano & Gubbins, both of Chicago, (John A. Cook, of counsel,) for appellants.

Levy & Erens, of Chicago, (James B. Fadim, of counsel,) for appellee.

Judgment reversed.

Mr. JUSTICE DEMPSEY delivered the opinion of the court:

In March 1965 the defendant, Zeke Oliver, executed a note to the Metropolitan Bank & Trust Company for $6,088.80 which was secured by a trust deed on his home. Although the bank knew the property was registered under the Torrens system, it recorded the trust deed with the Recorder of Deeds of Cook County. In March 1966 Oliver agreed to sell his home for $8,270.79. His attorney,...

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