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JOHNSTON v. EAST ST. LOUIS ILL. HOMES, INC.

Gen. No. 65-27.

71 Ill. App.2d 79 (1966)

218 N.E.2d 38

Charles Johnston and Kathleen T. Johnston, His Wife, Plaintiffs-Appellants, v. East St. Louis Illinois Homes, Inc., a Corporation, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

May 26, 1966.

Attorney(s) appearing for the Case

Jones, Ottesen & Fleming, of Belleville (Ralph J. Derango, Jr. and Patrick J. Fleming, of counsel), for appellants.

John J. Hoban, of East St. Louis, for appellee.

MORAN, J.

This is an appeal from the Circuit Court of St. Clair County, Illinois, from the dismissal of the appellants' complaint in an action to construe certain Bond for Deed contracts and payments thereunder as equitable mortgages.

The principal issue on appeal concerns the extent to which a judgment of a court of limited jurisdiction must be pleaded in order that it may act as a bar to a subsequent action under the principles of res judicata.

The...

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