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KOHLHAAS v. SMITH

No. 31598.

408 Ill. 535 (1951)

97 N.E.2d 774

MARIE KOHLHAAS, Appellant, v. JOSEPH A. SMITH, Appellee.

Supreme Court of Illinois.

Opinion filed March 22, 1951.

Attorney(s) appearing for the Case

STEPHEN M. FLEMING, and EUGENE R. WARD, both of Chicago, for appellant.

SCOTT, SAKELSON, TYRELL & COLLIAS, of Chicago, (JOSEPH T. TYRELL, of counsel,) for appellee.

Decree affirmed.

Mr. JUSTICE WILSON delivered the opinion of the court:*

The plaintiff, Marie Kohlhaas, filed an amended complaint in the superior court of Cook County against the defendant, her brother, Joseph A. Smith, seeking to establish a resulting trust in a parcel of real estate, in Chicago. Defendant's motion to strike plaintiff's pleading was sustained, and the action dismissed for the want of equity. Plaintiff prosecutes...

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