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Hausmann v. Hausmann

Illinois Appellate Court, Fifth District
596 N.E.2d 216 (Ill. App. Ct. 1992)


Facts

Esther Buckley conveyed to her son George Hausmann (defendant) a life estate in a property, with remainder upon his death to Charles Hausmann (plaintiff), her grandson. In 1987, George did not pay the 1986 real estate taxes on the property. The property was then subject to sale for delinquent taxes, and was purchased by George’s stepson by prearrangement. In January of 1988, Charles redeemed the property by paying down the delinquent taxes from 1986. In February, he filed suit against George for waste, and requested an injunction to compel George to pay the real estate taxes for 1987. The trial court did not issue an injunction, and George did not pay the 1987 taxes. When the property was again subject to sale for delinquent taxes, Charles submitted the highest bid. He was awarded actual and punitive damages by the trial court, but appealed the trial court’s decision not to issue an injunction for George to pay the taxes in the future. George appealed the awards of actual and punitive damages, alleging that Charles had acted as a volunteer in redeeming the property and that there was insufficient evidence for punitive damages.

Rule of Law

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Issue

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Holding and Reasoning (Chapman, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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