Legal Opinion

Bay v. Cook

Illinois Supreme Court

Decided April 15, 1863PublishedCited by 13 opinions

Writ OK Eeeok to the Superior Court of Chicago. The facts of this case are sufficiently set forth in the opinion of the court. There are no equities in the bill; and herein 1. It affirmatively appears from the bill, that the conveyance sought to be avoided was made by Joseph Smith to Edgar T. Bay, the son of Henry B. Bay, and that the consideration was paid by the latter. The presumption therefore is, that it was an advancement.

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Writ OK Eeeok to the Superior Court of Chicago. The facts of this case are sufficiently set forth in the opinion of the court. There are no equities in the bill; and herein 1. It affirmatively appears from the bill, that the conveyance sought to be avoided was made by Joseph Smith to Edgar T. Bay, the son of Henry B. Bay, and that the consideration was paid by the latter. The presumption therefore is, that it was an advancement. Vanzant v. Davies, 6 Ohio State, 54; Greed v. The Lancaster BanJe, 1 Ohio State; Story’s Eq. Jurisp., see. 1202. 2. There is, therefore, in such a case, no…

1Opinion of the Court

Mr. Justioe Nkeese

delivered the opinion of the Court.

This was a bill in chancery in the Superior Court of Chicago, by Isaac Cook, complainant, against the defendants, Edgar T. Bay and others, seeking to subject certain property of Bay, to the execution on a judgment obtained by Cook against Henry B. Bay on the 30th May, 1857, and the others named in the bill. k

The facts of the case are briefly these. Cook was sheriff of Cook county in 1850, and appointed Daniel T. Wood, one of the plaintiffs in error, his deputy, who, on the twelfth of March, 1850, executed his bond in the penalty of ten…

2Cases cited1 opinion

  1. Proseus v. McIntyreNew York Supreme Court · 1849

3Cited by13 opinions

  1. Steere v. HoaglandIllinois Supreme Court · 1866
  2. Patterson v. McKinneyIllinois Supreme Court · 1880
  3. Barnes v. BanksIllinois Supreme Court · 1906
  4. White v. RussellIllinois Supreme Court · 1875
  5. Morris v. FlennerDistrict Court, E.D. Illinois · 1928

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