Bank of Benton v. Cogdill

The plaintiff, Bank of Benton, Benton, Illinois, appeals from the trial court’s judgment denying it a deficiency judgment and attorney fees following foreclosure of a mortgage and sale of the property subject to the mortgage. The bank asserts on appeal that this judgment was contrary to the law and the evidence and that the bank was entitled to a deficiency judgment and attorney fees where the amount realized from the judicial sale of the mortgaged property was less than the amount of the defendants’ indebtedness. The defendants-mortgagors contend, however, that the court’s judgment can be…