Legal Opinion

Mauzey v. Dazey

Appellate Court of Illinois

Decided June 28, 1904PublishedCited by 2 opinions

Proceeding to impeach decree for fraud. Appeal from the Circuit Court of Shelby County; the Hon Truman E. Ames, Judge, presiding. Heard in this court at the November term, 1903.

1Opinion of the CourtJustice Gest

This is an original bill to impeach the decree of distribution in a partition suit on the ground of fraud. The defendant, Dazey, who is the defendant charged with the fraud, demurred generally to the bill; the court sustained the demurrer and dismissed the bill.

Thomas Banks died intestate, seized of 160 acres of land in Shelby county, and leaving his widow, Tabitha Banks, and his heirs, three adult daughters and the complainants herein, his grandchildren, children of a deceased daughter. The three adult daughters conveyed their interest in the lands to the defendants, Dazey and Askins. The…

2Cases cited4 opinions

  1. Montague v. SelbIllinois Supreme Court · 1883
  2. Wilton v. TazwellIllinois Supreme Court · 1877
  3. Bracken v. CooperIllinois Supreme Court · 1875
  4. Ramberg v. WahlstromIllinois Supreme Court · 1892

3Cited by2 opinions

  1. Ott v. FlinspachAppellate Court of Illinois · 1907
  2. Dazey v. MauzyAppellate Court of Illinois · 1906

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