Rabus v. Calcari

This is an appeal from a decree of the circuit court of Macoupin County, dismissing plaintiff’s suit to quiet title to certain improved realty.

In his complaint, the plaintiff, Frederick W. Rabus, alleged that he is owner of the property in question, having obtained title by warranty deed from his father, Leopold Rabus, on August 14, 1924; that through error or fraud, the property was listed as an asset of the estate of his mother Beata Rabus; that thereafter, in furthering the mistake or fraud, a complaint in partition was filed and the property sold under its decree; without service of…