GURGA v. Roth, 964 N.E.2d 134

Parents purchased Westmont home in 1981; Mary cared for mother and resided there since 1999.
Barbara (Mary's sister) died in 2007; Ellen, Barbara's life partner, became executor and sole beneficiary of Barbara's estate.
Barbara's estate opened in Cook County in 2008; Ellen recorded a release of Barbara's interest transferring title to herself.
In 2009, Ellen opened eviction action; Mary filed a quiet-title action asserting interests via trust arrangements and alleged Barbara intended to leave home to Mary.
Mary claimed 1996 quitclaim was mutual mistake intended to assign tax bills, not transfer title; deed to Mary recorded August 10, 2009 after Maria placed home in land trust for Mary.
Trial court dismissed quiet-title claim with prejudice as res judicata based on probate proceedings; eviction case continued and Mary was eventually evicted.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether res judicata bars Mary's quiet-title claim	Gurga: not barred; Mary's title dispute not adjudicated in probate; dual interests not through Barbara's estate	Roth: res judicata applies because probate determined title and same parties	Not barred; remand for further proceedings

Neill v. Chavers, 348 Ill. 326 (1932) (title dispute not resolved in forcible entry and detainer)
Continental Illinois National Bank & Trust Co. v. Wilson, 103 Ill.App.3d 357 (1982) (serious title dispute not properly decided in forcible entry actions)
In re Estate of Denler, 80 Ill.App.3d 1080 (1980) (probate court may determine title claims in estate proceedings)
Rein v. David A. Noyes & Co., 172 Ill.2d 325 (1996) (res judicata requires final judgment, identity of cause, and identical parties)
Housing Authority for LaSalle County v. Young Men's Christian Ass'n of Ottawa, 101 Ill.2d 246 (1984) (collateral estoppel applies to identical issues litigated in prior suit)
Denler, In re Estate of, (see above) (1980) ( probate proceedings may adjudicate title issues with proper authority)