Brennaman v. Schell
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Colostin D. MyErS, Judge, presiding. This is a bill, filed on March 17, 1903, in the circuit court of McLean county by the appellee against the appellants, Elizabeth Brennaman and her husband, John Brennaman, and one Henry C. Bishop for the purpose of having a trust declared in favor of appellee in lot 2, block 6 Phoenix’s addition to the city of Bloomington.
Read the full summary
Appeal from the Circuit Court of McLean county; the Hon. Colostin D. MyErS, Judge, presiding. This is a bill, filed on March 17, 1903, in the circuit court of McLean county by the appellee against the appellants, Elizabeth Brennaman and her husband, John Brennaman, and one Henry C. Bishop for the purpose of having a trust declared in favor of appellee in lot 2, block 6 Phoenix’s addition to the city of Bloomington. The bill alleged that on September 29, 1896, the appellee purchased said lot from one Fritzen for $800.00, and caused the deed to be made to her daughter, the appellant Elizabeth…
1Opinion of the Court
Mr. “Justice MagrudER
delivered the opinion of the court:
First—The theory of the bill in this case is, that the appellant, Elizabeth Brennaman, holds the legal title to the lot in question in trust for her mother, the appellee, and that such trust is a resulting one. The sum of $800.00 was paid for the lot, and the money so paid belonged to appellee. But when Fritzen, the vendor of the lot, made the deed, he made it to Lizzie Schell, (now Brennaman) appellee’s daughter, instead of making it to the appellee herself. The proof is quite clear to the effect that the money, with which the lot was…
2Cases cited9 opinions
- Van Buskirk v. Van BuskirkIllinois Supreme Court · 1893
- Dorman v. DormanIllinois Supreme Court · 1900
- Kirkpatrick v. ClarkIllinois Supreme Court · 1890
- Furber v. PageIllinois Supreme Court · 1892
- Johnston v. JohnstonIllinois Supreme Court · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Jackson v. JacksonSupreme Court of Georgia · 1920
- Baughman v. BaughmanIllinois Supreme Court · 1918
- Mauricau v. HaugenIllinois Supreme Court · 1944
- Lord v. ReedIllinois Supreme Court · 1912
- Neppach v. NorvalOregon Supreme Court · 1925
3 more not listed; retrieve them via the Exa API.