Roberts v. Hughes
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. W. W. Farwell, Judge, presiding. This was a bill in chancery by James H. Roberts, for himself and others, creditors of the appellee Hughes, against Hughes, Jacob Hall Pleasants, and Richard H. Pleasants,- to set aside' a levy and sale of real estate on execution and to compel the execution of a power in trust, alleged to have been created by Hughes for the benefit of appellant and his other creditors.
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Appeal from the Circuit Court of Cook county; the Hon. W. W. Farwell, Judge, presiding. This was a bill in chancery by James H. Roberts, for himself and others, creditors of the appellee Hughes, against Hughes, Jacob Hall Pleasants, and Richard H. Pleasants,- to set aside' a levy and sale of real estate on execution and to compel the execution of a power in trust, alleged to have been created by Hughes for the benefit of appellant and his other creditors. The court below sustained a demurrer to the bill.
1Opinion of the CourtChief Justice Scott
Hnless the levy and sale under the execution issued on the judgment in favor of Gookins and Roberts against Hughes, can be set aside, complainant can have no standing in a court of chancery, no matter what construction may be given to the instrument of the 24th of October, 1873, executed by Hughes to Pleasants, whether it be declared a simple power of attorney, revocable at the election of the maker, or a power of attorney coupled with an interest in the land itself upon which it was to operate, and therefore irrevocable. We are, however, of opinion that by no fair construction did that…
2Cases cited2 opinions
- Finley v. ThayerIllinois Supreme Court · 1866
- Vanscoyoc v. KimlerIllinois Supreme Court · 1875
3Cited by9 opinions
- Norton v. Nebraska Loan & Trust Co.Nebraska Supreme Court · 1892
- Dorris v. JohnsonIllinois Supreme Court · 1936
- National Union Fire Insurance v. John Spry Lumber Co.Illinois Supreme Court · 1908
- Berman v. BirneyIllinois Supreme Court · 1952
- Darnell v. State Nat. Bank of Oklahoma CitySupreme Court of Oklahoma · 1916
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