Sackett v. Mansfield
Illinois Supreme Court
This was a creditors’ bill filed in the McHenry Circuit Court, alleging that in the year 1859, plaintiffs recovered judgment in the United States Circuit Court, for the Northern District of Illinois, against Augustus G. Mansfield, for $647.49 damages and costs, the issuance of writ of fieri facias, delivery to the marshal, and return of “ no property; ” that there is now due complainants the sum of $647.49, with interest from February 23,1859; that Mansfield was in…
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This was a creditors’ bill filed in the McHenry Circuit Court, alleging that in the year 1859, plaintiffs recovered judgment in the United States Circuit Court, for the Northern District of Illinois, against Augustus G. Mansfield, for $647.49 damages and costs, the issuance of writ of fieri facias, delivery to the marshal, and return of “ no property; ” that there is now due complainants the sum of $647.49, with interest from February 23,1859; that Mansfield was in mercantile business in 1859 ; and that on or about the thirteenth day of February, Mansfield made an assignment to Anson Sperry…
1Opinion of the CourtBreese, J.
The question presented on this record is, does the following provision in a deed of voluntary assignment by a debtor of his property, for the benefit of his creditors, render the deed fraudulent and void as to creditors: That the said assignee “ shall take possession of the said property assigned, and shall, with all convenient diligence, sell and dispose of the same, at public or private sale, as he may deem most beneficial to the interests of the creditors, and shall with all reasonable dispatch collect, get in and recover the debts assigned,” etc.
A very .able and learned argument has been…
2Cases cited3 opinions
- Ewing v. RunkleIllinois Supreme Court · 1858
- McIntire v. BensonIllinois Supreme Court · 1858
- Schufeldt v. AbernethyThe Superior Court of New York City · 1853
3Cited by4 opinions
- Kyle v. HarveysWest Virginia Supreme Court · 1885
- Hardin v. OsborneIllinois Supreme Court · 1871
- Black v. PalmerAppellate Court of Illinois · 1957
- Finlay v. DickersonIllinois Supreme Court · 1862