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BROWN COUNTY STATE BANK v. KENDRICK

No. 4-85-0738.

140 Ill. App.3d 538 (1986)

488 N.E.2d 1079

THE BROWN COUNTY STATE BANK, Plaintiff-Appellee, v. JOHN J. KENDRICK et al., Defendants-Appellants (John J. Kendrick, Ex'r of the Estate of Lily Arlene Kendrick, et al., Defendants).

Appellate Court of Illinois — Fourth District.

Opinion filed January 28, 1986.

Attorney(s) appearing for the Case

Robert E. Utter, of Mt. Sterling, for appellants.

Law Offices of Kanoski & Butler, P.C., of Rushville (David N. Koth, of counsel), for appellee.

Judgment affirmed.

JUSTICE SPITZ delivered the opinion of the court:

The Brown County State Bank filed a complaint consisting of two counts to foreclose two mortgages. Subsequent to filing its complaint, the bank filed a motion to place itself as mortgagee in possession of the real estate. Defendants filed a motion to strike the plaintiff's motion for possession, which the trial court denied. Defendants then filed a sworn denial of plaintiff's request for...

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