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RAMSAY v. RAMSAY

Gen. No. 46,840.

10 Ill. App.2d 459 (1956)

135 N.E.2d 172

Gordon A. Ramsay et al., Appellants, v. Robert S. Ramsay, and American National Bank and Trust Company, Appellees.

Appellate Court of Illinois — First District, First Division.

Released for publication June 25, 1956.

Attorney(s) appearing for the Case

Mitchell and Conway, of Chicago, for plaintiffs-appellants; Robert J. Downing, Thomas J. Russell, and John F. Neylan, all of Chicago, of counsel.

Kirkland, Fleming, Green, Martin & Ellis, of Chicago, for defendants-appellees; John B. Martineau, George L. Haggard, and Don H. Reuben, all of Chicago, of counsel.

PRESIDING JUSTICE FRIEND delivered the opinion of the court.

Plaintiffs appeal from an order of the Superior Court allowing defendants' motions to dismiss, under section 48 of the Civil Practice Act (Ill. Rev. Stat. 1955, ch. 110 [§ 48]), a suit in equity for the establishment of a constructive trust on certain real and personal property.

The case was decided solely on the basis of the pleadings and affidavits...

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