Nichols v. Wallace
Appellate Court of Illinois
Appeal from the Circuit Court of St. Clair County; the Hon. William H. Snyder, Judge, .presiding. Appellees, as judgment creditors of Louis Nichols, filed bills in the Circuit Court of St. Clair County to set aside and cancel a deed from Nichols to his wife, conveying about one hundred and seventy-eight acres -of land in St. Clair county, and to subject said land to the payment of judgments recovered against Nichols. The two causes were consolidated and tried as one.
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Appeal from the Circuit Court of St. Clair County; the Hon. William H. Snyder, Judge, .presiding. Appellees, as judgment creditors of Louis Nichols, filed bills in the Circuit Court of St. Clair County to set aside and cancel a deed from Nichols to his wife, conveying about one hundred and seventy-eight acres -of land in St. Clair county, and to subject said land to the payment of judgments recovered against Nichols. The two causes were consolidated and tried as one. In each of said bills, after the usual allegations of the recovery of judgment and issuing of execution, failure to collect,…
1Opinion of the CourtGreen, P. J.
The bills of complaint in this record do not charge that Nichols was insolvent at the time he made the conveyance to his wife, but present as grounds for setting aside the deed and granting the relief prayed for, that the wife holds the property in secret trust for the husband, and the conveyance was made to hinder and delay his creditors in the collection of their claims against him. A man in prosperous circumstances, although in debt, may, without consideration and voluntarily, convey property to his wife for the sole purpose of creating a separate estate in her for her support and…
2Cases cited5 opinions
- Moritz v. HoffmanIllinois Supreme Court · 1864
- Bittinger v. KastenIllinois Supreme Court · 1884
- Bridgford v. RiddellIllinois Supreme Court · 1870
- Bennett v. StoutIllinois Supreme Court · 1880
- Cubberly v. ScottIllinois Supreme Court · 1880
3Cited by2 opinions
- Nichols v. WallaceAppellate Court of Illinois · 1892
- Rogers v. DimonAppellate Court of Illinois · 1903