Ade v. Ade, 189 Ill. App. 501 (1914)

Nov. 19, 1914 · Illinois Appellate Court · Gen. No. 19,860
189 Ill. App. 501

Jonathan Ade, Appellee, v. Bertha Ade et al., Appellants.

Gen. No. 19,860.

(Not to be reported in full.)

Abstract of the Decision.

Creditor’s suit, § 56 * —when evidence sufficient to show valid consideration for conveyance. On creditor’s bill to reach property conveyed by defendant to her children, where- the defendant claimed that the conveyance was made pursuant to an express agreement to reimburse the children for money advanced and support furnished, and the complainant claimed that the moneys advanced were in the form of a gratuity and in the performance of a natural duty owing from children to their parents, held that a finding in favor of complainant was against the weight of the evidence, it appearing that the evidence to establish the contract was uncontradicted and that the children had advanced sums pursuant to the agreement, for taxes, insurance premiums and ordinary household expenses, which amounted to more than twice the value of the property conveyed.

Appeal from the Superior Court of Cook county; the Hon. William E. Dever, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.

Reversed and remanded with directions.

Opinion filed November 19, 1914.

Statement of the Case.

Creditor’s bill filed by Jonathan Ade against Bertha Ade, William H. Ade, Hazel Ade and Theodore J. Ade, based on a judgment of the Municipal Court of Chicago in favor of complainant and against Bertha Ade. Answers were filed by all the defendants and, on issue joined, the case was referred to a master. The master found in favor of complainant and against the defendants. To reverse a decree confirming the findings of the master, defendants appeal.

Albert H. Fry, for appellants.

Bither, Goff & Francis, for appellee.

Mr. Justice Pam

delivered the opinion of the court.