Stambaugh v. Lung
Illinois Supreme Court
Appeal from the Circuit Court of Schuyler county; the Hon. Harry Higbee, Judge, presiding. On February 12, 1907, Carrie Stambaugh and Cora Finch, the appellants, filed their bill in the circuit court of Schuyler county against Frank Hardin, Charles Hardin and others for partition of one hundred acres of land located in that county, the undivided eleven-thirtieths of eighty acres of which is here in controversy.
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Appeal from the Circuit Court of Schuyler county; the Hon. Harry Higbee, Judge, presiding. On February 12, 1907, Carrie Stambaugh and Cora Finch, the appellants, filed their bill in the circuit court of Schuyler county against Frank Hardin, Charles Hardin and others for partition of one hundred acres of land located in that county, the undivided eleven-thirtieths of eighty acres of which is here in controversy. The bill alleges that complainants and defendants specifically named above, upon the death of one William Hardin, their father, each became seized, as tenant in common, of an equal…
1Opinion of the CourtJustice Scott
Disregarding other questions, the proof upon which Nora Elmore Lung relies is not sufficient, in our judgment, to establish a resulting trust in her favor in the land involved in this controversy. It appears from that evidence that during her minority Hon. John C. Bagby, of Rushville, was her guardian. After she reached her majority, and on July 3, 1882, he made his final report, which shows a balance paid to the ward of $367.25. On August 11, 1882, William Hardin purchased the eighty acres in question from Edward T. Morgan for the sum of $900. Hardin was the husband of appellee’s mother.…
2Cases cited2 opinions
- Reeve v. StrawnIllinois Supreme Court · 1852
- McGinnis v. JacobsIllinois Supreme Court · 1893
3Cited by2 opinions
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