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COSBY v. HARTS

No. 9258.

169 F.2d 689 (1948)

COSBY et al. v. HARTS et al.

Circuit Court of Appeals Seventh Circuit.

Rehearing Denied September 29, 1948.

Attorney(s) appearing for the Case

B. Lacey Catron and G. Norman Kennedy, both of Springfield, Ill., and Lyman Mangus, of Lincoln, Ill. (Sorling Catron & Hardin, of Springfield, Ill., and Lord, Bissell & Kadyk, of Chicago, Ill., of counsel), for appellant.

Leland P. Miller, of Lincoln, Ill., and Clayton J. Barber, Hugh J. Graham and Hugh J. Graham, Jr., all of Springfield, Ill., for appellee.

Before SPARKS and MAJOR, Circuit Judges, and STONE, District Judge.

SPARKS, Circuit Judge.

This is an appeal from the dismissal for want of equity of a bill of complaint which sought primarily to have an executor's deed and a quitclaim deed, both relating to the same property, declared fraudulent and void and set aside.

The real estate involved was a part of the estate of May Barrett Chappelear who died testate in 1937 leaving as her only heir her son, Mark Barrett Cosby, Sr., the husband of appellant, now Mrs. Milem, and...

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