Benckendorf v. Streator Federal Savings & Loan Ass'n

The appellants, Arthur Benckendorf and Nellie Benckendorf, his wife, appeal from an order of the circuit court of La Salle county dismissing their cross-complaint for redemption of their homestead property which had been sold to appellee, Alfred Kohrt, at a foreclosure sale. Appellants had remained in possession of the property during the redemption period and at the expiration thereof, Kohrt, the appellee, filed his petition for a writ of assistance to secure possession of the property, and appellants filed their cross-complaint for redemption.

Appellants’ cross-complaint alleged that…