Legal Opinion

Lantry v. Lantry

Illinois Supreme Court

Decided September 15, 1869PublishedCited by 23 opinions

Appeal from the Circuit Court of LaSalle county; the Hon. Edwin S. Leland, Judge, presiding. This was a suit in chancery instituted in the court "below, "by Bernard if. Lantry against Thomas Lantry and John Twohey, to enforce an alleged parol trust. The circumstances attending the conveyance out of which the controversy arises are set forth in the opinion of the court. The court below entered a decree declaring the existence of the trust, and enforcing its execution.

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Appeal from the Circuit Court of LaSalle county; the Hon. Edwin S. Leland, Judge, presiding. This was a suit in chancery instituted in the court "below, "by Bernard if. Lantry against Thomas Lantry and John Twohey, to enforce an alleged parol trust. The circumstances attending the conveyance out of which the controversy arises are set forth in the opinion of the court. The court below entered a decree declaring the existence of the trust, and enforcing its execution. The defendants thereupon took this appeal. The principal question in the case arises on this state of facts: John Lantry, in…

1Opinion of the CourtJustice Lawrence

The courts have gone a long way towards repealing 1he statute of frauds, but we think not far enough to sustain the decree rendered in this case.

The facts are very brief. The appellee, Bernard H. Lantry, was the son of John Lantry, deceased, by a divorced wife.' He was born soon after the divorce, and never lived with his father. In the fall of 1859, John Lantry, anticipating his own speedy decease, conveyed to his brother, Thomas Lantry, his farm of eighty acres, by an absolute deed. Thomas Lantry swears there was no money consideration paid for the deed, but bis brother expected to be taken…

2Cited by23 opinions

  1. Acker v. PriestSupreme Court of Iowa · 1894
  2. Crossman v. KeisterIllinois Supreme Court · 1906
  3. Streeter v. GambleIllinois Supreme Court · 1921
  4. Delfosse v. DelfosseIllinois Supreme Court · 1919
  5. Evans v. MooreIllinois Supreme Court · 1910

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