Follansbe v. Kilbreth
Illinois Supreme Court
This was a bill in chancery, filed February 17,1854, in the Cook County Court of Common Pleas, by the appellees against the appellant, praying for a decree, declaring the defendant to be a trustee of the complainants of block 57, Canal Trustees subdivision of Sec. 7, T. 39 N., R. 14 E., and for a conveyance, &c.
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This was a bill in chancery, filed February 17,1854, in the Cook County Court of Common Pleas, by the appellees against the appellant, praying for a decree, declaring the defendant to be a trustee of the complainants of block 57, Canal Trustees subdivision of Sec. 7, T. 39 N., R. 14 E., and for a conveyance, &c. It appeared that on or about the 7th of November, 1848, the defendant purchased the above block for $1,500 ; $500 of which was paid by a conveyance of 80 acres of land, belonging to the defendant in McHenry county ; $250 was paid in cash; and the remainder on the 6th of September,…
1Opinion of the Court
Catón, J.
I agree with the position assumed by the complainants’ counsel, that when the true character of this original transaction is fairly understood, the positions of the parties must be considered as that of principals and agent, and that the land was purchased by Follansbe in trust for the complainants, although the purchase was nominally to himself. Nor do I deem it essential to inquire whether their subsequently treating him as their vendor without objection, changed that relation so as to entitle him to insist upon the rights of a vendor instead of a trustee. If he is entitled now to…
2Cited by15 opinions
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- Indianapolis Rolling Mill v. St. Louis, Fort Scott & Wichita RailroadSupreme Court of the United States · 1887
- Kitchen v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1878
- Kinne v. WebbCourt of Appeals for the Eighth Circuit · 1893
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