[Download] "Horvath v. Loesch" by Illinois Appellate Court — First District (2Nd Division) Appeal Dismissed # eBook PDF Kindle ePub Free

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eBook details

• Title: Horvath v. Loesch
• Author : Illinois Appellate Court — First District (2Nd Division) Appeal Dismissed
• Release Date : January 12, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Plaintiffs, Horvath and Hill, appeal from an order of the trial court granting defendant Loesch's emergency petition to convey property to a third party. Sale of the property to a third party had been impeded by a lis pendens plaintiffs had filed on the property nearly a year earlier as part of collateral litigation. On appeal plaintiffs contend that the trial court improperly authorized the sale and that its order should be vacated pending the outcome of the collateral litigation. On October 9, 1978, plaintiffs' father, Fred C. Loesch (defendant Loesch's husband), died. Plaintiffs filed a complaint in the circuit court of Cook County asking that the remedy of constructive trust be imposed on certain land trusts to which decedent had been the beneficiary. According to the unverified complaint, decedent, during the period of illness immediately preceding his death, had been fraudulently induced by defendant (plaintiffs' stepmother) to change the successor beneficiaries of the land trusts from plaintiffs to defendant. Plaintiffs also sought a preliminary injunction to bar defendant from transferring the res of the trust. Memorandums of law were submitted and a hearing was scheduled on the issuance of the injunction. Upon plaintiffs' motion, however, the trial court permitted the withdrawal of the motion for preliminary injunction with prejudice. As best as can be determined from the record on appeal, the case proceeded with pretrial matters and on September 27, 1979, was set for trial in February 1980. On October 11, 1979, notwithstanding the pending litigation, defendant filed a petition to judicially authorize the conveyance of property, which petition is the subject of this appeal.

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