Onasch v. Zinkel
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. This was a proceeding brought in the superior court of Cook county by Auguste Zinkel and Albertine Boldt, children of Albertine Onasch, deceased, to partition a certain lot in the city of Chicago, the legal title to which had been in said Albertine Onasch at the time of her death.
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Appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. This was a proceeding brought in the superior court of Cook county by Auguste Zinkel and Albertine Boldt, children of Albertine Onasch, deceased, to partition a certain lot in the city of Chicago, the legal title to which had been in said Albertine Onasch at the time of her death. She left her surviving Johan Onasch, her husband, Auguste Zinkel, Albertine Boldt and Adeline Weichman, her children, and Lillie Onasch, the daughter of Charles Onasch, a deceased son, as her only heirs-at-law. The bill…
1Opinion of the CourtJustice Scott
delivered-the opinion of the court:
Appellant by his answer admits that the title to the property was held by his wife at the time of her death, but avers that the property was in fact owned jointly by himself and wife. By his cross-bill he sets up an inconsistent claim, which is that the property was purchased and paid for with his funds and the title taken to the wife, wherefore a trust resulted by virtue of which he'is the equitable owner of the whole of the property.
Onasch and wife came to this country in April, 1884. The deed for the property was made January 14, 1886. In the meantime the…
2Cases cited2 opinions
- Reed v. ReedIllinois Supreme Court · 1890
- Skahen v. IrvingIllinois Supreme Court · 1903
3Cited by2 opinions
- Hille v. BarnesIllinois Supreme Court · 1948
- Siffermann v. HillAppellate Court of Illinois · 1907