Streator Federal Savings & Loan Ass'n v. Benckendorf

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 the appellee filed his petition for a writ of assistance to secure possession and appellants filed their cross complaint for redemption.

Appellants’ cross complaint alleged that appellee had orally agreed before…