Urbach v. Green

PRESIDING JUSTICE SCHWARTZ

delivered the opinion of the court.

This is an appeal from a judgment in favor of plaintiffs in a forcible detainer suit. The primary issue is whether a controversy over title is involved and whether such a controversy can be litigated in this suit. The action is brought by the occupants of the second apartment against the occupants of the first apartment of a two apartment building. Judgment was entered on the pleadings and hence for our purpose the material facts set forth in defendants’ pleadings must be taken as admitted.

Plaintiffs claim by virtue of a deed dated…