Frey v. Schaab
Decision Date | 17 March 1942 |
Docket Number | No. 26564.,26564. |
Citation | 40 N.E.2d 509,379 Ill. 315 |
Parties | FREY et al. v. SCHAAB et al. |
Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Suit by Richard W. Frey and another against Louis Schaab for injunctive and other relief, wherein a temporary injunction was issued against defendant and another. From a decree dissolving the temporary injunction and striking the complaint and from a decree denying leave to file an amended complaint, plaintiffs appeal.
Cause transferred to the Appellate Court, for the Second District.Appeal from Circuit Court, Rock Island County; Leonard E. Telleen, judge.
Eagle & Eagle, of Rock Island, for appellants.
Stafford & Schoede, of Rock Island, for appellee.
Appellants, Richard W. Frey and Lucile Frey, filed a complaint in equity in the circuit court of Rock Island county against Louis Schaab, alleging in substance that defendant had promised he would leave all of his real and personal property to the plaintiffs, if the latter would come and live with him and make a home as long as defendant lived. Schaab was an old man and his wife was deceased. The complaint also alleges that plaintiffs resided in New York, and came to the home of the defendant, and had performed every agreement by doing the necessary work to make the home comfortable for defendant, and that the latter, without cause, served a notice upon them to vacate the premises, and filed suit before a justice of the peace for possession. The plaintiffs alleged they were ready and willing to continue to perform their part of the contract, but that defendant threatened to sell or encumber his real estate and dispose of his personal property.
The complaint prays that the court find the agreement was made and carried out by plaintiffs; that defendant be restrained from encumbering, conveying or transferring any of his property, or from bringing any action to deprive plaintiffs of their possession of the real estate; that a competent person be appointed as trustee for the real and personal property of Schaab, and that he be decreed to have a life estate therein subject to the rights of plaintiffs, and that plaintiffs be decreed to be entitled to the remainder interest in the property, and that defendant be required to account for all personal property he owned prior to the date of the alleged agreement. A temporary injunction was issued restraining Schaab and Richard D. Pollard, a justice of the peace, who is also an appellee herein, from proceeding with the forcible entry and detainer action.
Appellee Schaab filed a motion in the nature of a demurrer to the complaint because it stated no ground for equitable relier, and that the plaintiffs had an adequate remedy at law. Plaintiffs made a motion to strike defendant's motion, which was overruled, and July 15, 1941, defendant's motion, in the nature of a demurrer, was allowed by the court and the temporary injunction dissolved and the complaint stricken. July 21, 1941, a motion for leave to...
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