Leupold v. Krause
Illinois Supreme Court
Appeal from the Circuit Court of Will county j the Hon. Josiah McBoberts, Judge, presiding. This was a bill in equity, filed in the court below by Frederick Krause, to set aside and cancel certain conveyances of real estate.
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Appeal from the Circuit Court of Will county j the Hon. Josiah McBoberts, Judge, presiding. This was a bill in equity, filed in the court below by Frederick Krause, to set aside and cancel certain conveyances of real estate. It alleged that the complainant, in 1866, had a claim for damages against Christian Leupold, for which an action was commenced August 13, 1866, resulting in a judgment in complainant’s favor December 30th, 1871, for the .sum of $2000 and costs, rendered by the circuit court of Kankakee county; that upon this judgment execution was issued to the sheriff of Will county,…
1Opinion of the CourtJustice Dickey
We concur with the circuit court in its finding, that the conveyances from Christian and Anna Leupold to their son Henry, and from Henry to Anna, were fraudulent, and made for the purpose of preventing Krause from collecting whatever judgment he might obtain against Christian. It would serve no useful purpose to discuss the evidence bearing on this point, and we shall, therefore, simply say, the proof of fraud is satisfactory.
As to the conveyance from Anna to Gustave, however, the only evidence tending to show fraud on the part of the latter, is the testimony of the complainant and his…
2Cases cited3 opinions
- Hartwell v. McDonaldIllinois Supreme Court · 1873
- Loomis v. GersonIllinois Supreme Court · 1871
- Stevens v. HollingsworthIllinois Supreme Court · 1874
3Cited by25 opinions
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- Lehman v. CotrellAppellate Court of Illinois · 1939
- Johnson v. MuntzIllinois Supreme Court · 1936
- Cochran v. CutlerAppellate Court of Illinois · 1976
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