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MONTGOMERY WARD & CO. v. SIMMONS

Gen. No. 70-7.

128 Ill. App.2d 186 (1970)

261 N.E.2d 555

Montgomery Ward & Company, an Illinois Corporation, Plaintiff-Appellant, v. Henry Simmons, a/k/a Henry H. Simmons, Ewing Kennedy and Ella Kennedy, Defendants-Appellees.

Appellate Court of Illinois — Third District.

August 19, 1970.

Attorney(s) appearing for the Case

Harold C. Lounsberry, of Rock Island, for appellant.

Winstein, Kavensky & Wallace, of Rock Island, for appellees.

STOUDER, J.

Plaintiff-Appellant, Montgomery Ward & Company, brought this action in the Circuit Court of Rock Island County against Henry Simmons, Ewing Kennedy and Ella Kennedy, Defendants-Appellees, seeking to set aside a deed from Simmons to the Kennedys as being in fraud of creditors. The action was dismissed after plaintiff had presented its evidence, the motion therefore being described as a motion for a directed verdict. Since no jury was involved, reference...

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