Victor Retamoza v. State Idaho

This is a suit seeking to impress two lots in the city of Chicago, upon which is located a three-story 21-family apartment building, with a resulting trust. The suit was instituted by plaintiffs, Gertrude McCabe and Marion Fitzpatrick, sisters, against defendants, Grace Hebner, another sister, and Harry J. Hebner, her husband, and Jack Joseph Ibold, a nephew of the other parties hereto, a son of a predeceased brother. The cause was heard by the master in chancery to whom it was referred, after being brought to issue upon the amended complaint, the amended answer thereto of defendants Grace Hebner and Harry J. Hebner and the separate answer of the defendant Jack Joseph Ibold. The master made his report recommending a decree finding the issue for the defendants Hebner and against the plaintiffs, McCabe and Fitzpatrick, and made no specific finding as to the defendant Ibold, and assessed costs two thirds against the plaintiffs and one third against the defendants. To such report 294 objections were filed, 291 by plaintiffs and 3 by the defendants Hebner, which objections were by the court ordered to stand as exceptions. Plaintiffs were given leave to, and did, file 6 additional exceptions to such report. The court below sustained plaintiffs Page 559 exception number 292 by allowing a small reduction in masters fees and defendants exception number 2 by substituting a finding of fact, overruled all other exceptions of the parties, found the issues against the plaintiffs and in favor of the defendants Hebner and entered a decree dismissing the amended complaint for want of equity. From this decree plaintiffs appeal generally, and the defendants Harry J. Hebner and Grace E. Hebner appeal from that portion assessing one third of the costs against the defendants.