Legal Opinion

Pope v. Dapray

Illinois Supreme Court

Decided October 24, 1898PublishedCited by 16 opinions

Writ op Error to the Circuit Court of Macon county; the Hon. Edward P. Vail, Judge, presiding. This was a bill in chancery filed by Eugenie Pope, against her father and mother, Francis and Rosina Dapray, in the circuit court of Macon county, to declare a constructive trust and compel the convejmnce of one hundred and sixty-acres of land in Carroll county, Missouri.

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Writ op Error to the Circuit Court of Macon county; the Hon. Edward P. Vail, Judge, presiding. This was a bill in chancery filed by Eugenie Pope, against her father and mother, Francis and Rosina Dapray, in the circuit court of Macon county, to declare a constructive trust and compel the convejmnce of one hundred and sixty-acres of land in Carroll county, Missouri. About the year 1885 plaintiff in error was the owner of one hundred and forty acres of this land, and her husband, Jules Ogie', was the owner of twenty acres additional. It was encumbered with a trust deed for §1500. About the year…

1Opinion of the CourtJustice Phillips

Plaintiff in error seeks a reversal of the decree of the' circuit court dismissing her bill, alleging as a reason therefor that the promise made by her father to buy in this land for and make conveyance to her after she had secured a divorce, created a constructive trust, which by the Statute of Frauds is expressly excepted from its action. Section 9 of the statute is as follows: “All declarations or creations of trusts or confidences of any lands, tenements or hereditaments shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by…

2Cases cited4 opinions

  1. Reed v. ReedIllinois Supreme Court · 1890
  2. Lantry v. LantryIllinois Supreme Court · 1869
  3. Davis v. StambaughIllinois Supreme Court · 1896
  4. Beach v. DyerIllinois Supreme Court · 1879

3Cited by16 opinions

  1. Stahl v. StahlIllinois Supreme Court · 1905
  2. Kochorimbus v. MaggosIllinois Supreme Court · 1926
  3. Catherwood v. MorrisIllinois Supreme Court · 1931
  4. Miller v. MillerIllinois Supreme Court · 1915
  5. Grand Trunk Western R. v. Chicago & Western Indiana R.Court of Appeals for the Seventh Circuit · 1942

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