Marshall Savings & Loan Ass'n v. Chicago National Bank

This is an appeal from an order of the Circuit Court of DuPage County, wherein the chancellor, after entering a decree of foreclosure, further ordered on a post-trial motion that the defendants Smiths had a prior equitable lien for certain monies expended by them prior to the execution of the mortgage foreclosed by Marshall Savings and Loan Association, plaintiff. Smiths executed a real estate sale contract with Leonard M. Gervasio on March 30, 1959, wherein Gervasio agreed to sell to Smiths a lot improved with a house, to be constructed in accordance with certain plans on which the parties…