Cunningham v. Cunningham

Plaintiff, Anna Cunningham, and her husband, Thomas Cunningham, since deceased, filed suit in the circuit court of DuPage County, seeking to impose a constructive trust upon a certain parcel of real estate, alleging that defendants had obtained it from them without consideration and by violation of a fiduciary relationship. Upon trial of the cause, the court found no proof of a constructive trust or unjust enrichment and entered its decree dismissing the complaint. A freehold being involved, plaintiff appeals directly to this court.

The record shows that prior to the conveyance of the property…