Merry v. Bostwick
Illinois Supreme Court
Merry, the complainant, and plaintiff , in error, recovered two judgments against Bostwick, one at the January term, 1838, of the Alton Municipal Court, the other at the February term, 1838, of the Madison Circuit Court. Upon the judgment first rendered an execution was issued, and levied upon the property in controversy, in virtue of which the property was sold, and Merry became the purchaser.
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Merry, the complainant, and plaintiff , in error, recovered two judgments against Bostwick, one at the January term, 1838, of the Alton Municipal Court, the other at the February term, 1838, of the Madison Circuit Court. Upon the judgment first rendered an execution was issued, and levied upon the property in controversy, in virtue of which the property was sold, and Merry became the purchaser. An execution was also issued upon the second judgment, which was levied upon the same property, and Merry also became the purchaser at the second sale. Seeber became a judgment creditor of Bostwick,…
1Opinion of the CourtTrumbull, J.
By consent, both parties have assigned errors upon this record. The complainant objects to that part of the decree which allows Seeber any portion of the real estate in controversy, and Seeber complains because he cannot have it all. That the deed from Bostwick to Seeber was fraudulent as to creditors we cannot entertain a doubt. It bears date in October, 1836, and purports to have been executed in consideration of twelve thousand dollars paid by the latter to the former.
The evidence clearly shows that Bostwick resided in Louisiana in 1835, and was then insolvent; that he removed from thence…
2Cited by17 opinions
- Beidler v. CraneIllinois Supreme Court · 1890
- Hamilton v. HamiltonMontana Supreme Court · 1916
- Hill v. BlackwelderIllinois Supreme Court · 1885
- Sayre v. Vander VoortSupreme Court of Iowa · 1925
- Phillips v. KestersonIllinois Supreme Court · 1895
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