PUBLIC AID COM'N v. BRAUER

No. 34299.

11 Ill.2d 416 (1957)

142 N.E.2d 789

ILLINOIS PUBLIC AID COMMISSION, Appellant, v. EMELIA BRAUER et al., Appellees.

Supreme Court of Illinois.

Opinion filed May 23, 1957.


Attorney(s) appearing for the Case

LATHAM CASTLE, Attorney General, of Springfield, (MARK O. ROBERTS, MURRAY F. MILNE, and MADALYN MAXWELL, of counsel,) for appellant.


Reversed and remanded.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

This appeal from the circuit court of Jo Daviess County involves the constitutionality of that part of section 5-6 of the Public Assistance Code (Ill. Rev. Stat. 1953, chap. 23, par. 440-6) which makes prima facie fraudulent the transfer of real estate by an old age assistance recipient when the consideration therefor "does not approximate the

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