Place v. Improvement Federal Sav. & Loan Ass'n
| Decision Date | 23 March 1962 |
| Docket Number | No. 36601,36601 |
| Parties | Vera PLACE, Appellant, v. IMPROVEMENT FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellee. |
| Court | Illinois Supreme Court |
Reis & Kula, Lombard (Arthur J. Reis and Stanley Al. Kula, Lombard, of counsel), for appellant.
John G. Plain, Aurora, for appellee.
At an annual Kane County tax sale of property delinquent for nonpayment of taxes, Vera Place purchased a lot upon which Improvement Federal Savings and Loan Association held the mortgage. She Purchased the lot on October 7, 1957, and on October 8, 1959, the county court of Kane County entered an order directing the issuance of a tax deed to her. On November 6, 1959, the Association moved to vacate that order, and on March 13, 1961, the county court granted the motion, vacated the order directing the issuance of the deed, and set the deed aside.
Thereafter Vera Place served notice that on March 30, 1961, she would 'request the Court to consider certain affidavits and would move to vacate the order of March 13, 1961.' On March 30, 1961, the court entered an order that the affidavits of Vera Place and three other named persons 'be not considered herein.' That order does not mention any motion to vacate, nor does the record contain such a motion.
Vera Place has appealed directly to this court. Her notice of appeal states that she is appealing from the order of March 13, 1961, and also from the order 'entered in this cause on the 30th day of March, 1961, denying appellant's motion to vacate and set aside the Order entered in this cause on the 13th day of March, 1961.' Insofar as the appeal purports to be taken from the order of March 30, 1959, which is described in the notice of appeal, it must fail. While an order was entered on that date, it was not the one described in the notice of appeal. The record shows that no order such as the appellant has described was ever entered. The only order before us is therefore the order entered March 13, 1961. Since that order set aside a deed, a freehold is involved and the appeal was properly taken directly to this court. Ill.Rev.Stat.1959, chap. 110, par. 75; Shockley v. Good, 13 Ill.2d 298, 148 N.E.2d 763; Thomas v. Durchslag, 404 Ill. 581, 90 N.E.2d 200.
Apart from the purported appeal from the nonexistent order, there are other difficulties with the record. The clerk of the county court of Kane County has certified that the record transmitted to this court is a complete record of all orders entered in the cause, and is a 'full, true and complete copy of all instruments filed (or found) in this office.' It appears from a motion to strike certain...
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In re Marriage of Ramsey
...v. Riverside Medical Center, 111 Ill.2d 436, 441, 96 Ill.Dec. 47, 490 N.E.2d 1252, 1254 (1985); Place v. Improvement Federal Savings & Loan Ass'n, 24 Ill.2d 245, 247, 181 N.E.2d 94, 95 (1962)). We think that only the most contrived reading of John's notice of appeal leads to the conclusion ......
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Illinois Cent. Gulf R. Co. v. Sankey Bros., Inc.
...that the propriety of the dismissal order was not properly before it. 58 Ill.2d R. 303(c)(2); Place v. Improvement Federal Savings & Loan Association (1962), 24 Ill.2d 245, 247, 181 N.E.2d 94; City of Chicago v. Baran (1972), 6 Ill.App.3d 29, 32, 284 N.E.2d 320; Scheffler v. Ringhofer (1966......
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Service Adjustment Co., Inc. v. Underwriters at Lloyd's London
...defective only if it describes an order other than the order entered on the date specified. (See Place v. Improvement Federal Savings & Loan Association (1962), 24 Ill.2d 245, 181 N.E.2d 94.) Accordingly, defendants' argument fails because Underwriters was served with a copy of the notice o......
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State Sec. Ins. Co. v. Linton
...argument is without merit. The "2" was obviously a typographical error. Defendants rely upon the case of Vera Place v. Improvement F. S. & L. Assn. (1962), 24 Ill.2d 245, 181 N.E.2d 94. However that case involves an order that was entered almost two years prior to the actual order that the ......