Welsh v. James

Appellants G. Wayne Welsh and O. Lloyd Welsh filed a complaint in the circuit court of Peoria County praying that a constructive trust be declared in certain real and personal property, fee-simple title to which was vested in appellee Perry C. James, as surviving, joint tenant. Motions to dismiss the complaint were sustained. Appellants elected to abide by their complaint and the cause was dismissed at their costs. A freehold being involved, a direct appeal has been perfected to this court.

The complaint alleges in substance that appellants are the heirs-at-law of Reba A. James, deceased; that…