Mixell v. Lutz
Illinois Supreme Court
Writ of Error to the Circuit Court of Tazewell county; the Hon. James Harriott, Judge, presiding. This was a bill filed by the defendant in error, in February, 1862, in the Tazewell Circuit Court, alleging that he recovered, a judgment against one Phares Mixell, one of the defendants, on the second day of September, 1861, for $525 and costs, and had execution issued and returned,, no property found, against Phares Mixell; and that Mixell was well able to pay it, hut had…
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Writ of Error to the Circuit Court of Tazewell county; the Hon. James Harriott, Judge, presiding. This was a bill filed by the defendant in error, in February, 1862, in the Tazewell Circuit Court, alleging that he recovered, a judgment against one Phares Mixell, one of the defendants, on the second day of September, 1861, for $525 and costs, and had execution issued and returned,, no property found, against Phares Mixell; and that Mixell was well able to pay it, hut had fraudulently conveyed his property to defraud his creditors ; and alleging that, on the 21st of September, 1852, Phares…
1Opinion of the CourtChief Justice Walker
This was a bill in equity, filed for the purpose of having a deed canceled, which had been made to the son of Phares Mixell, who was a minor. It appears that the father negotiated the purchase of the land, paid the money and had the conveyance made to the son, which is claimed to have been fraudulent and void as to creditors, complainant claiming to be one of the number. It is alleged that he recovered a judgment at law against Phares Mixell, upon which execution was issued and returned no property found. The deed was executed in September, 1852, and the judgment was recovered in September,…
2Cited by10 opinions
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