Legal Opinion

Cipperly v. Rhodes

Illinois Supreme Court

Decided January 15, 1870PublishedCited by 13 opinions

Writ op Error to the Circuit Court of Macon county; the Hon. A. J. Gallagher, Judge, presiding. This was a suit in chancery, instituted in the court below by Henry J. Cipperly and others, against Charles H. Rhodes and Jennie Rhodes, his wife, to subject a certain house and lot in the city of Decatur, to the payment of a debt owing from Charles H. Rhodes to the complainants, the latter alleging the property was purchased by said Charles H. with his own money, at a time when…

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Writ op Error to the Circuit Court of Macon county; the Hon. A. J. Gallagher, Judge, presiding. This was a suit in chancery, instituted in the court below by Henry J. Cipperly and others, against Charles H. Rhodes and Jennie Rhodes, his wife, to subject a certain house and lot in the city of Decatur, to the payment of a debt owing from Charles H. Rhodes to the complainants, the latter alleging the property was purchased by said Charles H. with his own money, at a time when he was in insolvent circumstances, and procured it to be conveyed to his wife, in fraud of the rights of his creditors.…

1Opinion of the CourtChief Justice Breese

We are satisfied, on mature consideration, that this decree should be affirmed. Ho"question is made that the homestead right would have existed in Rhodes, had he taken the deed to the lot in his own name, instead of taking it in the name of his wife. He paid the purchase money wholly out qf his own funds, and at a time when he had a right to obtain a homestead which would not be liable for his debts then existing, or to be subsequently contracted; and the sole question is, whether taking the deed to his wife placed the property beyond the protection of the homestead law.

This is an inquiry,…

2Cases cited1 opinion

  1. Cassell v. WilliamsIllinois Supreme Court · 1851

3Cited by13 opinions

  1. Hixon v. GeorgeSupreme Court of Kansas · 1877
  2. Jacoby v. Parkland Distilling Co.Supreme Court of Minnesota · 1889
  3. Crawford v. SternbergCourt of Appeals for the Eighth Circuit · 1915
  4. In Re DudleyDistrict Court, S.D. California · 1947
  5. Beall v. PinckneyCourt of Appeals for the Fifth Circuit · 1945

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