Taylor v. O'Brien

Full title: Sherman G. Taylor and Helen Taylor, Appellants, v. T.C. Fredrich, Assignee…

Court: Appellate Court of Illinois, First District

Date published: Jan 22, 1941

308 Ill. App. 324 (Ill. App. Ct. 1941)

31 N.E.2d 405

Opinion

Gen. No. 41,313. (Abstract of Decision.)

Opinion filed January 22, 1941

JUDGMENTS, § 228^_ — enjoining, necessity of a meritorious defense. Where grantees of judgment debtor seeking to remove judgment as cloud on title and to enjoin sale under execution because there had been no service of process on judgment debtor did not allege facts showing that judgment debtor had a meritorious defense to the claim, and complaint did not show that grantees were bona fide purchasers, complaint was properly dismissed for want of equity.

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

Appeal from Circuit Court of Cook county; Hon. WILLIAM V. BROTHERS, presiding.

Affirmed. Heard in third division, first district, this court at June term, 1940.

Wellman Wellman, for appellants;

Walter C. Wellman, of counsel;

Harry A. Biossat, for appellee T.C. Fredrich.

Opinion by PRESIDING JUSTICE HEBEL.

"Not to be published in full." Opinion filed January 22, 1941.