Madison County Circuit Judge William Mudge granted a defense motion to transfer and/or dismiss certain claims in a case alleging that a recently deceased man forged his sister’s signature on a document that purportedly conveyed his sister’s interest in a piece of property to him.
In a lawsuit filed by Jane Childerson on April 30, she claims that she and her brother, Kenneth R. Childerson, became co-owners of a piece of property in Bond County after Edwards R. and Irene O. Wegmann transferred the land to them.
Without Jane Childerson’s knowledge, her brother allegedly forged her signature on a quit claim deed, which conveyed her interest in the property to him, the suit states.
The lawsuit goes on to state that Jane Childerson did not know about the forgery until after her brother’s death in 2012.
The motion to transfer and/or dismiss relates solely to the quiet title claim. The defense argues that venue of the quiet title claim must be in the county in which the real estate is located – Bond County.
Mudge took counts II and III of the lawsuit under advisement.
Count II pertains to claims against Phyllis Langenhorst for allegedly falsely notarizing a document releasing the plaintiff’s interest in the property. According to the motion to dismiss, count II raises a basis of liability on defendants Johannes & Marron PC - Langenhorst's employer - and Donald R. Johannes.
Count III relates to claims against Johannes & Marron PC, which seeks to hold that defendant liable for its employee’s actions and for allegedly failing to supervise Langenhorst.
The plaintiff seeks damages from the defendants as well as an order declaring the quit claim deed void and to restore her interest in the property in addition to other relief the court deems just.
On Nov. 20, Mudge set a status conference for Feb. 26, 2014, at 9 a.m.
Roy C. Dripps represents the plaintiff.
Barry S. Noeltner, Kent L. Plotner and Neil A. Schonert of Heyl Royster in Edwardsville represent the defendants.
Madison County Circuit Court case number 13-L-677