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FIRST NATIONAL BANK v. CARLTON

No. 4-86-0519.

156 Ill. App.3d 880 (1987)

509 N.E.2d 1046

THE FIRST NATIONAL BANK OF DANVILLE, Plaintiff-Appellant, v. HAROLD E. CARLTON et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Rehearing denied July 24, 1987.

Attorney(s) appearing for the Case

F. Daniel Welsch, of Welsch & Hall, of Danville, for appellant.

Ralph J. Swanson, of Sebat, Swanson, Banks, Garman & Townsley, of Danville, for appellees.

Reversed and remanded.

JUSTICE HEIPLE delivered the opinion of the court:

Suit was brought in Vermilion County by The First National Bank of Danville (bank) against Harold Carlton and Lillian Smoot on a note signed by the defendants. The court granted summary judgment as to Carlton after finding his obligation on the note had been fully satisfied. The court later entered judgment against Mrs. Smoot in the amount of $45,000 and ordered foreclosure of the mortgage...

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