(DOWNLOAD) "James v. James" by Supreme Court of Illinois # eBook PDF Kindle ePub Free
eBook details
- Title: James v. James
- Author : Supreme Court of Illinois
- Release Date : January 20, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Rehearing denied September 15, 1958. On April 3, 1957, the superior court of Cook County entered a decree granting Alice D. James, appellant, a divorce from David
James, appellee, on the grounds of extreme and repeated cruelty. The decree had been preceded by a perfunctory hearing on
March 25, 1957, at which time the parties orally reached a property settlement that was subsequently written, signed and incorporated
into the divorce decree. By its terms appellee agreed to pay $200 a month for the support of two children, to pay appellant
$25,000 in full settlement and discharge of all claims against his person and property, including alimony, and to pay her
attorney's fees in the amount of $2,500. With respect to the $25,000, the agreement stated that $5,000 would be paid when
the divorce decree was entered and the balance on or before 120 days, provided appellant would quitclaim to her husband her
joint tenant's interest in their residence property, and vacate the premises. Pursuant to such agreement appellant was paid
$5,000, and her attorney $2,500, on the day the decree was entered. Thereafter appellant tendered back the $5,000 and, within
30 days after the entry of the decree, (see: Ill. Rev. Stat. 1957, chap. 110, secs. 50(6) and 68.3,) filed a motion to vacate
alleging that the property settlement had been procured through fraud and misrepresentation on the part of appellee relative
to the true value of his net assets. Such motion was heard by a judge other than the one who had entered the divorce decree
and was denied after an extensive hearing, as was a motion by appellant for leave to file an amended motion which, in effect,
added coercion as a further grounds for vacating the decree. As a result appellant has prosecuted an appeal both from the
original decree of divorce and the orders entered in the proceeding to vacate. Inasmuch as the decree appealed from required
appellant to convey her interest in real estate, a freehold is involved so as to invest this court with jurisdiction of a
direct appeal. Lewis v. Lewis, 316 Ill. 447.
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