Trebbin v. Thoeresz

• Decision Date: 17 February 1925
• Docket Number: No. 16287.,16287.
• Citation: 316 Ill. 30,146 N.E. 542
• Parties: TREBBIN v. THOERESZ et al.
• Court: Illinois Supreme Court

316 Ill. 30

146 N.E. 542

TREBBIN

v.THOERESZ et al.

No. 16287.

Supreme Court of Illinois.

Feb. 17, 1925.

Suit by Josephine C. Trebbin against Joseph Thoeresz and others.From decree for complainant, defendant's appeal.

Appeal dismissed.

Appeal from Superior Court, Cook County; Denis E. Sullivan, judge.

William Reeda, Charles E. Peace, and William Jaffe, all of Chicago, for appellants.

Walter L. Wenger, of Chicago, for appellee.

DE YOUNG, J.

On February 20, 1924, Josephine C. Trebbin filed her bill of complaint in the superior court of Cook county against Joseph Thoeresz and others.She alleged in the bill that she was formerly the wife of Thoeresz; that she obtained a divorce from him on April 26, 1922, on the ground of extreme and repeated cruelty; that since her divorce she married Alfred H. Trebbin; that on May 22, 1920, she and Thoeresz acquired, as joint tenants, the title to a certain lot improved by a three story apartment building and a frame cottage, known as 1526 Wilson avenue, Chicago; that they paid $5,900 in cash, and gave their purchase money note in the sum of $6,000, secured by trust deed, for the property; that the title thereto is still vested in them as joint tenants, subject to the purchase-money incumbrance; that the decree of divorce required Thoeresz to pay alimony, directed that the rights of the parties in the property remain in statu quo, and granted Thoeresz the right to collect the rents and have general control of the property until the further order of the court or until the complainant and Thoeresz should sell and convey it; that Thoeresz has collected the rents; that he paid the alimony till July, 1923, but that he has declined to do so since because of her marriage to Trebbin; and that by reason of Thoeresz's refusal to pay alimony she has become entitled to one-half of the net income from the property since July 1, 1923.The tenants, the holder of the purchase-money note, and the trustee in the mortgage were made partiesdefendant.The prayer of the bill was for an accounting of rents, the appointment of a receiver, and for partition.The holder of the purchase-money note filed a separate answer.Thoeresz and the tenants filed a joint answer, which by leave of court was withdrawn.Subsequently Thoeresz, the tenants, and the trustee filed a demurrer.On July 18, 1924, an order was entered by which the demurrer was overruled, and for the want of an answer the bill was taken as confessed by Thoeresz and the tenants.Thoeresz elected to abide by his demurrer and prayed an appeal to this court, which was allowed.On the following day, July 19, 1924, a formal decree of partition, which declared the rights and interests of the parties, was entered.This appeal is prosecuted from the order of July 18, 1924.

The order of July 18 recites that appellant, ‘having...