Hachadourian v. Bogosian

• Decision Date: 20 March 1946
• Docket Number: No. 29260.,29260.
• Citation: 393 Ill. 135,65 N.E.2d 687
• Parties: HACHADOURIAN et al. v. BOGOSIAN et al.
• Court: Illinois Supreme Court

393 Ill. 135

65 N.E.2d 687

HACHADOURIAN et al.

v.BOGOSIAN et al.

No. 29260.

Supreme Court of Illinois.

March 20, 1946.

Appeal from Circuit Court, St. Clair County; Maurice V. Joyce, judge.

Action by Pambouk Hachadourian and others against Dick Bogosian and others for cancellation of a deed for alleged fraud and for removal of deed as a cloud upon plaintiffs' title. From a decree for plaintiffs ordering named defendant to pay to plaintiffs a certain sum of money within a certain time and upon failure so to do adjudging deed to be cancelled and set aside as a cloud upon plaintiffs' title, defendants appeal.

Cause transferred to the Appellate Court.

Harold J. Bandy, of East St. Louis, for appellants.

Harold Baltz, of Belleville, for appellees.

WILSON, Justice.

The plaintiffs, Pambouk Hachadourian, Louisig and Bill Saferian, Mariam and John Tatorian, filed their amended complaint in the circuit court of St. Clair county against the defendants Dick Bogosian, Susie Bogosian, and Dick Bogosian as administrator of the estate of Almast Bogosian, deceased. Other defendants were later dismissed. The gist of plaintiffs' amended complaint is that a warranty deed purporting to convey to defendant Dick Bogosian title to two tracts of improved real estate in East St. Louis was procured by fraud. Plaintiffs seek cancellation of the deed and its removal as a cloud upon their title. Answering, defendants denied the material allegations of the complaint. The master in chancery, to whom the cause was referred, found the issues in favor of plaintiffs. The master specifically found that no part of the consideration for the deed had at any time been paid to or received by plaintiffs; that title to the real estate was procured by fraud and subterfuge, and that the signatures,by mark, of John and Mariam Tatorian, appearing on the deed, constituted forgeries. May 25, 1945, a decree, entered in substantial conformity with the findings and recommendations of the master, ordered defendant, Dick Bogosian, to pay to plaintiffs within thirty days the sum of $2800, with interest from November 5, 1937. Upon failure so to do, it was adjudged that the deed be cancelled and set aside as a cloud upon their title and, further, that a fee-simple title to the premises in controversy be confirmed in plaintiffs, Pambouk Hachadourian, Louisig Saferian and Mariam Tatorian. July 12, 1945, a supplemental decree was entered reciting the failure of Bogosian to pay, as commanded, cancelling the deed as a cloud upon the title of plaintiffs, and confirming in the three named plaintiffs fee-simple title to the property. Defendants appeal from the decree of May 25, 1945, apparently on the assumption that a freehold is involved.

The sole question requiring consideration is whether the cause is properly before this court on direct appeal. A freehold is not involved so as to afford jurisdiction on direct...