Gurga v. Roth 

Defendant filed eviction action, and Plaintiff filed claim to quiet title which court dismissed with prejudice, and allowed eviction case to proceed. Court did not make determination of title in eviction proceeding, but found only that Defendant was entitled to possession of property and did not find that Defendant had superior claim of title. Thus, because issue of title was not decided in eviction proceeding, appeal of quiet title action is not barred by collateral estoppel. Cook County probate court did not lack power to determine title as to Du Page County real estate. Plaintiff's claim to title was not barred by res judicata, as it was through a separate trust deed executed by her mother, and thus she did not have absolute duty to file action to quiet title within probate proceeding. (HUTCHINSON and BURKE, concurring.)