Opinion
Gen. No. 10,183. (Abstract of Decision.)
Opinion filed July 28, 1948 Rehearing denied October 5, 1948 Released for publication October 7, 1948
FORMER ADJUDICATION, § 171 — fraudulent transfer by beneficiary of trust. Beneficiary's trustee in bankruptcy could not maintain plenary suit in equity by bill in nature of bill of review seeking to set aside, as a fraudulent transfer, a sale of beneficiary's interest in trust estate to beneficiary's judgment creditor prior to institution of bankruptcy proceedings or, in alternative, a determination that creditor held interest under a secret trust for beneficiary's benefit, where trustee had previously brought a bill of review to set aside decree confirming sale to creditor, and complaint did not allege a new cause of action, which could not have been set forth under complaint in previous suit, or newly discovered evidence, and fraud was alleged merely in form of pleader's conclusions, and necessary parties to both suits were the same.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Lake county; the Hon. RALPH J. DADY, Judge, presiding.
Decree affirmed. Heard in this court at the October term, 1947.
Thomas H. Fisher, for appellant;
Barre Blumenthal, Edward G. Berglund and Oscar S. Seaver, for various appellees.
Not to be published in full. Opinion filed July 28, 1948; rehearing denied October 5, 1948; released for publication October 7, 1948.