A man accused of a fraudulent real estate deal argues that dismissal is appropriate, citing the plaintiff’s brother’s objection to the proceeding.
Alfred Schilling, executer of the estate of Edwin Schilling, filed the lawsuit on Sept. 22 against David Wiskamp.
According to the complaint, the decedent was elderly and incapacitated from doing any business or entering into any contract when Wiskamp allegedly took advantage of his weakened mental state. The plaintiff alleges the defendant fraudulently procured a deed that should be void.
The plaintiff alleges Wiskamp negotiated a lease with the estate on the property and has failed to make required payments.
Wiskamp filed a motion to dismiss, consolidate or transfer on Nov. 30 through attorney Michael McGlynn of McGlynn & McGlynn in Belleville.
He argues that there are probate proceedings pending in where these issues could be litigated, and he seeks to have the case consolidated with the probate case.
In the probate case, Alfred Schilling’s brother, Raymond Schilling, objected to this proceeding. He stands to receive one-third of any recovery.
“Alfred Schilling is on a frolic of his own wishes to contest the validity of a Deed of certain farmland to the nephew who had been farming it.
“Raymond Schilling has no expectation whatsoever that Alfred Schilling will be successful in his attempted contest of the validity of the Deed,” the objection asserts.
In the alternative, he argues that the case seeks equitable relief and should be reassigned to equity.
Circuit Judge Andrew Gleeson scheduled a status conference for April 11 at 9 a.m.
The plaintiff seeks more than $100,000 in damages, attorney’s fees, costs of the suit and any other relief the court deems just.
He is represented by Bryan Flynn of Flynn Guymon & Garavalia in Belleville.
St. Clair County Circuit Court case number 15-L-538