SMITH v. LEWIS

Gen. No. 51,635.

85 Ill. App.2d 246 (1967)

229 N.E.2d 323

Woodrow Smith, et al., Plaintiffs-Appellants, v. Julian R. Lewis, et al., and Guaranty Bank & Trust Company, as Trustee Under the Provisions of a Trust Agreement Dated the 24th Day of February, 1964, Known as Trust Number 10850, Defendants-Appellees.

Appellate Court of Illinois — First District, First Division.

Rehearing denied August 11, 1967.


Attorney(s) appearing for the Case

Crowley, Sprecher, Barrett & Karaba, of Chicago (William G. Webber, of counsel), for appellants.

Mitchell Edelson, Jr., of Chicago (Harry G. Fins, of counsel), for appellees.


MR. JUSTICE BURMAN delivered the opinion of the court.

In this action plaintiffs alleged that they conveyed a parcel of real estate to defendant, Julian R. Lewis, under a contractual arrangement which they claimed was breached. They prayed that the conveyance be declared a mortgage and the property be reconveyed to them and possession restored to them and for other relief. The cause, after being at issue, was referred to a Master in Chancery who, amongst other findings...

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