Gen. No. 52,681.

96 Ill. App.2d 82 (1968)

237 N.E.2d 745

Philip Pollack, Plaintiff-Appellant, v. Jack Kuhn and Beatrice Kuhn, Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

May 23, 1968.

Attorney(s) appearing for the Case

Marvin Patrick Cohen, of Chicago, for appellant.

Alfred M. Rogers, Jr., George V. Bobrinskoy, Jr., and Neil G. Bluhm, of Chicago (Mayer, Friedlich, Spiess, Tierney, Brown & Platt, of counsel), for appellees.

MR. PRESIDING JUSTICE DEMPSEY delivered the opinion of the court.

The plaintiff-appellant, Philip Pollack, seeks to recover the rental value of a home occupied by the defendants, Jack Kuhn and his wife, Beatrice. The trial court held that the action was barred by a decree entered in a prior partition proceeding.

The house, located in Skokie, Illinois, was owned in joint tenancy by the Kuhns. In March 1965 Pollack bought the undivided one-half interest of Jack...

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