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• Title: Craven v. Craven
• Author : Supreme Court of Illinois
• Release Date : January 27, 1950
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

March 11, 1947, the plaintiff, John Craven, brought an action in the circuit court of Cook County against the defendants, John R. Craven and Margaret [Marjorie] Craven, his wife, seeking the declaration of a constructive trust with respect to certain residential property and a resulting trust as to certain commercial property, and for an accounting. By their answer, defendants admitted they held title to the residential property for the benefit of plaintiff, but denied the material allegations of the complaint relative to the commercial property. Defendants also filed a counterclaim for an accounting. The cause was referred to a master in chancery, extended hearings were held and more than two hundred exhibits were introduced in evidence. September 9, 1949, the master filed his report with the court, finding generally for plaintiff and recommending a decree accordingly. The cause was before the chancellor on September 16 and, again, on September 22, and, on the latter date, an order was entered substituting Herbert Craven, administrator of the estate of John Craven, deceased, as plaintiff, and setting the hearing on defendants' exceptions to the master's report for November 4, 1949. In the meantime, for some unexplained reason, the clerk of the court gave notice by publication that the cause would be called on October 4, 1949. No one appearing on October 4, the chancellor entered an order dismissing the cause for the want of prosecution. More than thirty days later, namely, on November 8, 1949, plaintiff filed a petition to vacate the decree of October 4. On the same day, the chancellor entered an order setting aside the decree of October 4, ordered the cause reinstated, and set it for hearing on December 16. Thereafter, defendants answered plaintiff's petition for the appointment of a receiver, argued their exceptions to the master's report and, later, made an unsuccessful motion to have the cause re-referred to the master to hear new evidence. January 20, 1950, the chancellor confirmed the master's report, with one minor exception, and entered a decree directing defendants to convey both properties to the substituted plaintiff, Herbert Craven, the sole beneficiary under the will of John Craven, the original plaintiff, who died January 31, 1949. With regard to defendants' counterclaim for an accounting, the chancellor found that, as of May 31, 1948, John Craven owed defendants $1011, ordered defendants to render an accounting to Herbert Craven for the period from May 31, 1948, to the date of their conveyances to him, and reserved jurisdiction of the cause for this purpose. There being no prospective controversy with respect to the final accounting which has not already arisen and been ruled upon in the original accounting, the decree entered is final and appealable. Defendants prosecute this appeal from the order of November 8, 1949, vacating and setting aside the decree of dismissal, entered October 4, 1949, and from all of the decree of January 20, 1950, except the part ordering them to convey the residential property. A freehold is necessarily involved.

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