{
  "id": 2422748,
  "name": "Dorothy A. Naas, Appellee, v. Rose B. Peters, Appellant",
  "name_abbreviation": "Naas v. Peters",
  "decision_date": "1944-01-24",
  "docket_number": "Gen. No. 42,785",
  "first_page": "212",
  "last_page": "213",
  "citations": [
    {
      "type": "official",
      "cite": "321 Ill. App. 212"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "368 Ill. 524",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2570912
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/368/0524-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 2269,
    "ocr_confidence": 0.544,
    "pagerank": {
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    "simhash": "1:47593be6bbcdf520",
    "word_count": 389
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  "last_updated": "2023-07-14T18:39:56.502195+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Dorothy A. Naas, Appellee, v. Rose B. Peters, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice O\u2019Connor\ndelivered the opinion of the court.\nBy this appeal defendant, Bose B. Peters, seeks to reverse a decree entered in a foreclosure suit holding her liable for the deficiency of $3,834.45.\nThe record discloses that plaintiff, Dorothy A. Naas, owned some vacant lots in Niles, Illinois, which on December 31, 1934, she conveyed to Lester B. Peters for $20,000, of which $6,000 was paid in cash, and on the same day, Lester B. Peters executed his notes for $14,000 for the balance of the purchase price, and conveyed the property by trust deed to secure the payment of the $14,000. Immediately following this and on the same day, Lester B. Peters conveyed the premises by quit claim deed to his mother, Bose B. Peters, the defendant. Afterward a number of payments were made on the indebtedness and June 30, 1941, default was made in payment and a suit filed to foreclose the lien of the trust deed for the amount remaining due and unpaid. The cause was referred to a master in chancery who took the evidence, made up his report, a decree of foreclosure was entered, the property afterward sold and Lester B. Peters and his mother, Bose B. Peters, were held liable for the deficiency. The mother alone prosecutes this appeal.\nThe evidence all shows that Lester, the son, had no money; that the property was purchased by his mother, title taken in his name, that she furnished all the money and that he took title and executed the trust deed and notes merely for his mother. In these circumstances when the title to the property was conveyed to Lester a resulting trust was created, the mother being the real owner of the property and she is liable for the deficiency. Bride v. Stormer, 368 Ill. 524.\nThe decrees of the superior court of Cook county are affirmed.\nDecrees affirmed.\nNiemeyer and Hatchett, JJ., concur.",
        "type": "majority",
        "author": "Mr. Presiding Justice O\u2019Connor"
      }
    ],
    "attorneys": [
      "Mulcahy, Murphy & Dieringer, of Chicago, for appellant ; Michael F. Mulcahy, William T. Murphy and Henry W. Dieringer, all of Chicago, of counsel.",
      "Samuel J. Andalman, of Chicago, for appellee."
    ],
    "corrections": "",
    "head_matter": "Dorothy A. Naas, Appellee, v. Rose B. Peters, Appellant.\nGen. No. 42,785.\nHeard in the first division of this court for the first district at the October term, 1943.\nOpinion filed January 24, 1944.\nRehearing denied February 8, 1944.\nMulcahy, Murphy & Dieringer, of Chicago, for appellant ; Michael F. Mulcahy, William T. Murphy and Henry W. Dieringer, all of Chicago, of counsel.\nSamuel J. Andalman, of Chicago, for appellee."
  },
  "file_name": "0212-01",
  "first_page_order": 240,
  "last_page_order": 241
}