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Normal State Bank, Appellant, v. William A. Killian and Elizabeth Killian, Appellees.

FORMER ADJUDICATION, § 169 — when nonexistence of interest of judgment debtor in realty is not res adjudicata. Under circumstances, held that it was not res adjudicata, that judgment debtor, who was devisee of contingent remainder in his deceased father's realty and who went through bankruptcy proceedings after his father's death but before death of life tenant, did not have, after death of life tenant, interest in such realty which was subject to execution and sale by judgment creditor (Ill. Rev. Stat. 1941, ch. 77, par. 1; Jones Ill. Stats. Ann. 107.151).

See Callaghan's Illinois Digest, same topic and section number.

PER CURIAM.

"Not to be published in full." Opinion filed February 24, 1943; opinion modified and rehearing denied May 4, 1943.

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NORMAL STATE BANK v. KILLIAN
(Feb 24, 1943)