Bittinger v. Kasten
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Coolc county; the Hon. George Gardner, Judge, presiding.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Coolc county; the Hon. George Gardner, Judge, presiding. This was a creditor’s bill, filed in the Superior Court of Cook county, on October 27, 1882, by George W. Bittinger, against Fredericka Basten, Carl Basten, Herman A. Haster, G. H. Thomas and Otto Wasmansdorff, to subject certain real estate vested in Fredericka Basten ‘to the payment of a judgment in favor of the complainant, against her husband, Carl Basten. In 1873 Carl Basten acquired the title to lot 42, in Reich’s…
1Opinion of the CourtJustice Dickey
It is contended by the appellant that the allegations in the answers of the two Kastens, that Carl Kasten, the husband, bought the original lot held by him with the money of Fredericka, his wife, and took the legal title in his name without her knowledge or consent, whereby he held the same in trust for her, are not responsive to the bill, which required sworn answers, and hence did not amount to evidence, but had to be proved, in order to show her equities, if any, and that without proof of such allegations the arrangement by which the legal title was transferred from the husband tó the wife…
2Cases cited6 opinions
- Moritz v. HoffmanIllinois Supreme Court · 1864
- Fanning v. RussellIllinois Supreme Court · 1880
- Van Wyck v. SewardNew York Court of Chancery · 1836
- Emerson v. BemisIllinois Supreme Court · 1873
- Clayton v. BrownSupreme Court of Georgia · 1855
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3Cited by15 opinions
- In Re MartinUnited States Bankruptcy Court, N.D. Illinois · 1990
- In Re MartinDistrict Court, N.D. Illinois · 1991
- Scott v. Aultman Co.Illinois Supreme Court · 1904
- Wojtas v. RachelAppellate Court of Illinois · 1932
- McKey v. RoetterCourt of Appeals for the Seventh Circuit · 1940
10 more not listed; retrieve them via the Exa API.