Opinion
Gen. No. 43,255. (Abstract of Decision.)
Opinion filed January 8, 1945 Released for publication January 29, 1945
JUDGMENTS, § 5.1 — when summary judgment in trust case is improper. Where plaintiff acquired interest of one beneficiary in trust and pro rata equitable interest in note, where trustees had previously conveyed premises in land trust to defendants who executed note in payment for same, secured by, trust deed conveying premises as security for payment of indebtedness, and defendants denied knowledge of trust agreement and denied personal liability and answered that persons concerned agreed on purchase price of land which was to be paid out of proceeds of sale of lots, held that judgment for defendants granted on their motion for summary judgment would be reversed, as pleadings and affidavits established clear issues of fact between parties, and issues of fact cannot be tried by inquisition.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JULIUS H. MINER, Judge, presiding.
Reversed and remanded. Heard in the first division, first district, this court at the October term, 1944.
Reversed and remanded. Heard in the first division, first district, this court at the October term, 1944.
Maurice Weissman, for appellant;
Hummer, Van Ness Yowell, for appellees; John J. Yowell, of counsel.
Not to be published in full. Opinion filed January 8, 1945; released for publication January 29, 1945.