Fischbeck v. Gross
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. Frances A. Gross, suing in her own right, and as executrix of the estate of William H. Gross, deceased, exhibited her bill in chancery in the court below, against Frederick Fischbeck, for the purpose of having a trust declared in her favor in respect of certain premises for which the defendant held the legal title. Upon the hearing, the court decreed in favor of the complainant.
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Appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. Frances A. Gross, suing in her own right, and as executrix of the estate of William H. Gross, deceased, exhibited her bill in chancery in the court below, against Frederick Fischbeck, for the purpose of having a trust declared in her favor in respect of certain premises for which the defendant held the legal title. Upon the hearing, the court decreed in favor of the complainant. The defendant appealed;
1Opinion of the CourtJustice Craig
This was a bill in equity, brought by Frances A. Gross, in the circuit court of Cook county, against Frederick Fischbeck, to establish a trust in certain premises in Chicago in favor of complainant, and to compel a conveyance thereof to her. The defence relied upon was of a three-fold character: First, that no trust was created; second, the Statute of Frauds; and third, that the conveyance from Gross to him was made with the intent to hinder and delay the creditors of Gross.
Many of the facts in reference to the transaction in controversy are undisputed, among which are the following: That…
2Cases cited1 opinion
- Lantry v. LantryIllinois Supreme Court · 1869
3Cited by10 opinions
- Suhre v. BuschSupreme Court of Missouri · 1938
- Bourquin v. BourquinSupreme Court of Georgia · 1904
- Jasinski v. StankowskiCourt of Appeals of Maryland · 1924
- Cassels v. FinnSupreme Court of Georgia · 1905
- Keanu v. KamanouluHawaii Supreme Court · 1910
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