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WIEBRECHT v. SHAPIRO

No. 54980.

2 Ill. App.3d 89 (1971)

276 N.E.2d 121

JANET WIEBRECHT, Plaintiff-Appellee, v. LOUIS SHAPIRO, et al., Defendants-Appellants.

Appellate Court of Illinois — First District.

October 19, 1971.

Attorney(s) appearing for the Case

Ordower & Ordower, of Chicago, for appellant.

Allan L. Blair, of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE STAMOS delivered the opinion of the court:

Defendants appeal from a decree setting aside certain deeds to real estate and contend:

(1) A finding of fraud cannot be based upon a nondisclosure of a fact that is of public record where there has been no misrepresentations, a fiduciary relationship or where by due diligence the fact could have been ascertained. (2) A court of equity cannot enter a decree that...

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