Hagney v. Lopeman

Plaintiffs appeal from an order of the appellate court reversing the judgment of the circuit court of Menard County. (203 Ill. App. 3d 1108 (unpublished order under Supreme Court Rule 23).) The issue presented is whether the statute of limitations in a constructive trust action (Ill. Rev. Stat. 1981, ch. 110, par. 13 — 205) is tolled under section 13 — 215 of the Code of Civil Procedure (Ill. Rev. Stat. 1981, ch. 110, par. 13 — 215) where plaintiffs have not specifically alleged in their pleadings that the fraud complained of was not discovered, or discoverable, within the limitations period.…