Skoronski v. Skoronski
| Decision Date | 20 November 1946 |
| Docket Number | No. 29695.,29695. |
| Citation | 395 Ill. 301,69 N.E.2d 690 |
| Parties | SKORONSKI v. SKORONSKI. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Superior Court, Cook County; Edwin A. Robson, judge.
Action for divorce by Anthony Skoronski against Julia Skoronski. From that part of decree ordering defendant to convey by quitclaim deed all of her interest in certain described real estate to plaintiff, the defendant appeals.
Reversed and remanded, with directions.
Irving B. Campbell, of Chicago, for appellant.
No appearance for appellee.
Appellee brought suit for divorce against appellant in the superior court of Cook county on the ground of adultery. No other relief than divorce was sought. Appellant was personally served with process of summons and defaulted. Upon hearing in open court a decree of divorce was granted on the ground of adultery. In addition the decree ordered appellant to convey by quitclaim deed all of her interest in certain described real estate to appellee within five days, and upon her failure to so convey a commissioner would be appointed by the court to execute the decree. Appellant appeals from that part of the decree ordering the conveyance of the real estate. Under similar circumstances, we have held a freehold was involved giving us jurisdiction of a direct appeal. Bissett v. Bissett, 375 Ill. 551, 31 N.E.2d 955, 133 A.L.R. 855.
The complaint does not mention real estate. It does not state any facts concerning the character of the ownership of appellant in the real estate described, whether she was sole owner, tenant in common or joint owner. No allegations are contained showing appellee has any right to the property, or any circumstances authorizing a reconveyance to him, if he ever owned it, or owned a part of it. We have held repeatedly that in order, in a divorce case, to warrant the court to direct a conveyance of property from one party to the other, there must be special circumstances and existing equities to justify the conveyance, and such special circumstances and equities must be alleged in the complaint. Podgornik v. Podgornik, 392 Ill. 124, 63 N.E.2d 715;Bissett v. Bissett, 375 Ill. 551, 31 N.E.2d 955, 133 A.L.R. 855;Giesler v. Giesler, 336 Ill. 410, 168 N.E. 331;Lewis v. Lewis, 316 Ill. 447, 147 N.E. 411.
The only authority for the court to order any conveyance is under section 17 of the Divorce Act (Ill.Rev.Stat.1945, chap. 40, par. 18), which, in substance, provides that the court may compel conveyance of property held in the name of the other if it shall appear to the court that...
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Peck v. Peck
...and that relief can be granted only in accordance with the allegations of the complaint sustained by the proof. Skoronski v. Skoronski, 395 Ill. 301, 69 N.E.2d 690; Podgornik v. Podgornik, 392 Ill. 124, 63 N.E.2d 715. In the present case appellee's complaint for divorce, as amended, alleges......
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McGaughy v. McGaughy
...a conveyance. In support of the proposition many cases are cited: Marcy v. Marcy, 400 Ill. 152, 79 N.E.2d 207; Skoronski v. Skoronski, 395 Ill. 301, 69 N.E.2d 690, and others. In most of these cases no claim was made for anything but As noted, heretofore, the plaintiff claimed in her compla......
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Stevens v. Stevens
...and equities must be alleged and established by the evidence. Cross v. Cross, 5 Ill.2d 456, 125 N.E.2d 488; Skoronski v. Skoronski, 395 Ill. 301, 302, 69 N.E.2d 690; Persico v. Persico, 409 Ill. 608. In the Skoronski case the court stated, 395 Ill. at page 302, 69 N.E.2d at page 691: 'We ha......
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Ward v. Sampson
...the reason that the complaint for divorce did not seek a conveyance of the property. We have this day, upon a direct appeal, Skoronski v. Skoronski, 69 N.E.2d 690, reaffirmed the familiar rule that in order, in a divorce action, to warrant the court to direct a conveyance of property from o......