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THOMAS v. KOWALEWSKI

Gen. No. 46,799.

12 Ill. App.2d 283 (1956)

139 N.E.2d 604

A.S. Thomas, Appellee and Cross-Appellant, v. Roman J. Kowalewski, et al., Defendants. On Appeal of Josephine E. Richards and K.A. Richards, Appellants and Cross-Appellees.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied February 6, 1957.

Released for publication February 6, 1957.

Attorney(s) appearing for the Case

Franklin J. Stransky, Rathje, Kulp, Sabel & Sullivan, all of Chicago, attorneys for Josephine E. Richards and K.A. Richards, appellants and cross-appellees.

Joseph F. Elward and Edward S. Macie, both of Chicago, attorneys for A.S. Thomas, plaintiff-appellee and cross-appellant.

JUDGE KILEY delivered the opinion of the court.

This is a creditor's suit to establish a lien upon real estate, on the alternative theories of a resulting or a constructive trust, and for sale of the property in satisfaction of the judgment. The decree was in favor of plaintiff and defendants have appealed. Plaintiff has cross appealed with respect to costs.

The real estate is at the northeast corner of 51st...

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