Lehmann v. Rothbarth
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. Frederick Lehmann died intestate July 12, 1872, leaving Marie Lehmann, his widow, Ida Cudell, Alfred A., Oscar, Edmund, Emma, Frederick and Justine Lehmann, his only children and heirs at law, — the last two being children by a former wife. The estate of Lehmann, real and personal, amounted to near a half a million of dollars.
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Appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. Frederick Lehmann died intestate July 12, 1872, leaving Marie Lehmann, his widow, Ida Cudell, Alfred A., Oscar, Edmund, Emma, Frederick and Justine Lehmann, his only children and heirs at law, — the last two being children by a former wife. The estate of Lehmann, real and personal, amounted to near a half a million of dollars. All the children except Frederick and Justine were minors at the time of Lehmann’s decease. On the 7th of August, 1872, Marie was appointed administratrix of the estate and…
1Opinion of the CourtJustice Mulkey
Upon filing the record in this court, appellee entered a motion to dismiss the appeal for an alleged want of jurisdiction, which was reserved for the hearing.
The question presented by the motion is, whether, under the pleadings and proofs, a freehold is involved, it being conceded there is no other ground upon which the jurisdiction of this court can rest. This question must be answered in the affirmative. One of the main objects of the bill is to recover an equitable freehold in land, — or, in other words, to establish a resulting trust in a freehold estate, — which necessarily involves a…
Also in this document: Dissent.
2Cited by16 opinions
- McCormick v. McCormickAppellate Court of Illinois · 1983
- Dickey v. VolkerSupreme Court of Missouri · 1928
- Guhl v. GuhlIllinois Supreme Court · 1941
- England v. WinslowCalifornia Supreme Court · 1925
- Lehman v. RothbarthIllinois Supreme Court · 1896
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