Berning v. Berning

Full title: Anna Berning, Appellee, v. Carrie E. Berning et al. Appeal of Carrie E…

Court: Appellate Court of Illinois, First District

Date published: Dec 13, 1943

320 Ill. App. 686 (Ill. App. Ct. 1943)

51 N.E.2d 997

Opinion

Gen. No. 42,714. (Abstract of Decision.)

Opinion filed December 13, 1943

CREDITORS' SUITS, § 34^_ — when judgment debtor's interest in trust estate may be sold as personal property to satisfy judgment lien. In action in nature of creditor's bill, held that court was justified in regarding trust agreement, executed by judgment debtor, as converting, into personal property, real estate owned by her and conveyed to trustee for her own use and benefit, so that her interest in beneficial certificate in which she was sole beneficiary could be sold as personal property to satisfy judgment lien.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Superior Court of Cook county; the Hon. JOHN F. BOLTON, Judge, presiding.

Decree affirmed. Heard in the first division, first district, this court at the June term, 1943.

William S. Newburger, for appellant;

Martin O. Weisbrod, for appellee.

Opinion by PRESIDING JUSTICE O'CONNOR.

Not to be published in full. Opinion filed December 13, 1943.