Carter v. Gunnels
Illinois Supreme Court
Appeal from the Circuit Court of Morgan county; the Hon. Charles D. Hodges, Judge, presiding. This was a creditor’s bill, filed by George Carter, the appellant, against Nathan S. Gunnels, and the heirs at law of Christopher Ashbaugh, deceased, to subject certain real estate to the payment of a judgment recovered by the complainant against Gunnels.
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Appeal from the Circuit Court of Morgan county; the Hon. Charles D. Hodges, Judge, presiding. This was a creditor’s bill, filed by George Carter, the appellant, against Nathan S. Gunnels, and the heirs at law of Christopher Ashbaugh, deceased, to subject certain real estate to the payment of a judgment recovered by the complainant against Gunnels. The question of fraud, in a conveyance of Gunnels to said Christopher Ashbaugh, was submitted to a jury, who found for the defendants. The court refused a new trial and entered a decree dismissing the bill, and complainant appealed.
1Opinion of the CourtJustice Sheldon
On the trial of the issue in this case, which was one of fraud, a portion of one instruction given for the appellees, was as follows:
“The court further instructs the jury for the defendants, the surviving children of Ashbaugh and other defendants, that the law never indulges in any inferences or presumptions of fraud, but fraud must be proved directly, or by such facts and circumstances as would make the conclusion reasonable and irresistible in the mind of a fair minded and reasonable person, that a fraud had been committed by a collusion of parties.”
There is no warrant in the law for saying…
2Cases cited1 opinion
- Reed v. NoxonIllinois Supreme Court · 1868
3Cited by9 opinions
- Schroeder v. WalshIllinois Supreme Court · 1887
- Adams v. ThorntonSupreme Court of Alabama · 1885
- Hanchett v. GoetzAppellate Court of Illinois · 1888
- Mortimer v. McMullenIllinois Supreme Court · 1903
- Bender v. Kingman & Co.Nebraska Supreme Court · 1902
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