(DOWNLOAD) "Mccartney v. Mccartney" by Supreme Court of Illinois ~ eBook PDF Kindle ePub Free
eBook details
- Title: Mccartney v. Mccartney
- Author : Supreme Court of Illinois
- Release Date : January 23, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
George McCartney brought suit against his brother Henry in the circuit court of Winnebago County, seeking to establish a constructive
trust in certain parcels of real estate and an accounting for rents and profits. A hearing was had before the chancellor,
and a decree was entered directing defendant to convey an undivided one-half interest in each of two parcels to the plaintiff,
and to account for rents and profits. Defendant appeals direct to this court, a freehold being involved. Plaintiff is 65 years of age, and defendant is ten years younger. Prior to their father's death on July 21, 1934, Parcel
1 was owned by the parents in joint tenancy, and Parcel 2 was held by the father as sole owner. He left a purported will,
but it was never offered for probate. The mother survived until 1949. About a month after the father's death she conveyed
Parcel 1 to plaintiff and defendant as joint tenants. On March 8, 1935, defendant conveyed his interests in both parcels to
plaintiff, apparently for the purpose of defeating the rights of his creditors. By deeds dated December 30 1935, title to
both parcels was purportedly conveyed by plaintiff to defendant. The circumstances of this conveyance constitute the subject
of dispute in this case. The chancellor found that the deeds were made with intention to restore the former title, whereby
each owned an undivided one-half. Defendant takes the position that the evidence is insufficient to overcome the presumption
arising from the face of the deeds, and that the suit is barred by laches. In addition, he contends that the plaintiff was
improperly allowed to amend the complaint so as to introduce a different theory of recovery, and that the complaint as amended
fails to state a cause of action.
 "Mccartney v. Mccartney" by Supreme Court of Illinois ~ eBook PDF Kindle ePub Free){kind=link}