Walker v. Carrington
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This was a bill in chancery, by appellees against appellant and one Cyrus Bentley, charging that appellant holds certain land in trust for appellees, and praying that she be decreed to convey title in the same, etc.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This was a bill in chancery, by appellees against appellant and one Cyrus Bentley, charging that appellant holds certain land in trust for appellees, and praying that she be decreed to convey title in the same, etc. A brief statement of the facts alleged in the bill, shows, that Charles Walker, now deceased, in his lifetime, and on the 7th day of May, 1841, being the owner of a certain quarter section of land in the town of Jefferson, in Cook county, which is the land in controversy, together with his…
1Opinion of the CourtJustice Scholfield
Appellees charge both actual and constructive fraud upon Charles Walker, while acting as agent for the trustees, Terry and Boswell; and it is essential to the success of their claim that it shall appear that either actual or. constructive fraud is clearly proved.
Walker had nothing to do in determining that the land should he sold, the time when the sale should he made, nor the price for which it should be sold, any further than his advice may have affected the trustees in these respects. He was employed to look after the land and find a purchaser for it. The discretion of determining whether…
2Cases cited4 opinions
- Prevost v. GratzSupreme Court of the United States · 1821
- Munn v. BurgesIllinois Supreme Court · 1873
- Carpenter v. CarpenterIllinois Supreme Court · 1873
- Brownell v. DixonIllinois Supreme Court · 1865
3Cited by10 opinions
- Board of Trustees of Oberlin College v. BlairWest Virginia Supreme Court · 1899
- Curotto v. HammackSupreme Court of Missouri · 1951
- Collins v. McClurgColorado Court of Appeals · 1892
- Van Houten v. Trust Co. of ChicagoIllinois Supreme Court · 1952
- Jeffery v. J. W. Butler Paper Co.Appellate Court of Illinois · 1890
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