Legal Opinion

Howell v. Moores

Illinois Supreme Court

Decided January 25, 1889PublishedCited by 29 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. On January 13, 1877, Sylvanus Town and Henry B. Town, of Aurora in Kane County, composing the firm of S. Town and Son, made a general assignment for the benefit of their creditors to Isaac M. Howell, as assignee, therein conveying all their property, real and personal, and partnership and individual.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. On January 13, 1877, Sylvanus Town and Henry B. Town, of Aurora in Kane County, composing the firm of S. Town and Son, made a general assignment for the benefit of their creditors to Isaac M. Howell, as assignee, therein conveying all their property, real and personal, and partnership and individual. Howell accepted the trust and, before his death, sold the realty and personalty, described in the schedules attached to the deed of…

1Opinion of the CourtJustice Magruder

The assignment mentioned in this record was executed in January 1877. The present “Act concerning voluntary assignments, and" conferring jurisdiction therein upon county courts,” did not go into effect until July 1, 1877. Therefore, the provisions of that act have no application to the questions involved in the present discussion.

It is insisted by the appellant, that a court of chancery has no jurisdiction to entertain a bill of this character. By the terms of the assignment now under consideration, the property was conveyed to the assignee in trust to convert the same into money and pay the…

2Cases cited10 opinions

  1. M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
  2. Kimball v. WalkerIllinois Supreme Court · 1863
  3. Veiths v. HaggeSupreme Court of Iowa · 1859
  4. Carson, Pirie, Scott & Co. v. Byers & EggersSupreme Court of Iowa · 1885
  5. Moore v. WrightIllinois Supreme Court · 1878

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3Cited by29 opinions

  1. Rothschild v. Village of Calumet ParkIllinois Supreme Court · 1932
  2. Chapman v. American Surety Co.Illinois Supreme Court · 1914
  3. Cohon v. Oscar L. Paris Co.Appellate Court of Illinois · 1958
  4. Lloyd v. SanduskyIllinois Supreme Court · 1903
  5. People v. BordeauxIllinois Supreme Court · 1909

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