Duncan v. Dazey
Appellate Court of Illinois
Appeal from the Circuit Court of Shelby county; the Hon. James C. McBride, Judge, presiding. Heard in this court at the April term, 1918. Statement by the Court. Martin K. Duncan, appellant, on October 16, 1915, in the Circuit Court of Shelby county, filed his bill in equity to procure an accounting with J. Ed. Dazey, appellee.
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Appeal from the Circuit Court of Shelby county; the Hon. James C. McBride, Judge, presiding. Heard in this court at the April term, 1918. Statement by the Court. Martin K. Duncan, appellant, on October 16, 1915, in the Circuit Court of Shelby county, filed his bill in equity to procure an accounting with J. Ed. Dazey, appellee. The bill was amended and alleged in substance as follows: That Martin K. Duncan, the complainant, was on September 22, 1903, and long prior thereto, the owner in fee of 180 acres ofjland in Shfelby county, Illinois, described as follows: “East Half of Southeast…
1Opinion of the CourtJustice Eldredge
The proofs in this case are very voluminous and no attempt will be made to enter into a lengthy discussion of the same. The master made no findings of law or fact upon the defenses of laches, the statute of limitations or the statute of frauds. Appellee filed no objections to the master’s report, and these questions are not preserved for our consideration. Shaffner v. Healy, 57 Ill. App. 90; Snell v. Deland, 138 Ill. 55; Cook v. Meyers, 54 Ill. App. 590. The evidence shows beyond all reasonable doubt that the acts of appellant in the transactions involved were for the purpose of concealing…
2Cases cited10 opinions
- Rosenbaum v. HuebnerIllinois Supreme Court · 1917
- Herrick v. LynchIllinois Supreme Court · 1894
- Baehr v. WolfIllinois Supreme Court · 1871
- Woodall v. PedenIllinois Supreme Court · 1916
- Brady v. HuberIllinois Supreme Court · 1902
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