Casenotes

This section contains all the casenotes published in our monthly newsletter, Casenotes & Underwriters' Bulletin, plus additional case law the ATG Underwriting Department identifies as noteworthy for ATG member agents.


11/06/2008 - 1:23pm

886 NE2d 83 (Ind Ct App 2008), trans. den.

Facts: In 1946, William Osborn, Donna Osborn, and Garrett Osborn (collectively the Osborns) recorded the Plat of Osborn's Subdivision (Plat). In 1952, Michael Hoose's parents obtained a warranty deed for real estate located in the Plat....

11/05/2008 - 1:52pm

383 Ill App 3d 317, 891 NE2d 975, 322 Ill Dec 684 (3rd D 2008).

Facts: Herbert and his wife had three sons, Arlyn, Mark, and Warren, and owned two large farms containing over 300 acres of land in total. In 1996 Herbert and his wife created a trust which provided that upon their...

11/05/2008 - 1:17pm

379 Ill App 3d 864, 885 NE2d 350, 319 Ill Dec 79 (1st D 2008).

Facts: Richard Christ (buyer) attended a real estate auction on Oct. 4, 2004. At the auction, Christ bid on and won a piece of real estate listed in the auction brochure as 12531 S. Vincennes, in Blue Island, IL....

11/05/2008 - 1:11pm

382 Ill App 3d 1184, 890 NE2d 940, 322 Ill Dec 21 (5th D 2008).

Facts: Jeffrey Nelson (Nelson) had executed and delivered a mortgage and promissory note secured by a parcel of real estate with Old National Bank (ONB). On June 22, 2004, ONB assigned its interest in the subject...

10/28/2008 - 9:24pm

379 Ill App 3d 933, 885 NE2d 481, 319 Ill Dec 210 (1st D 2008).

Facts: Nathan Edmond tipped John Waters to a distressed property owned by Nancy Kwiatkowski, and about to be sold for delinquent taxes. Edmond and Waters agreed to take title to the property together. John Waters called...

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