Legal Opinion

Union National Bank v. Lane

Illinois Supreme Court

Decided December 21, 1898PublishedCited by 15 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. John Gibbons, Judge, presiding. On May 31, 1893, the Union National Bank of Chicago recovered a judgment against Samuel B. Barker in the circuit court of Cook county.

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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. John Gibbons, Judge, presiding. On May 31, 1893, the Union National Bank of Chicago recovered a judgment against Samuel B. Barker in the circuit court of Cook county. An execution was issued on the judgment, and on June 3, 1893, the sheriff levied on certain real estate which Barker, two days before the entry of the judgment, had conveyed to his wife, with the intent to hinder, delay and defraud his creditors. The sheriff endorsed the levy on the execution, and…

1Opinion of the CourtChief Justice Carter

The only question of sufficient importance to be discussed here is, which of the two judgment creditors, the Union National Bank or P. A. Lane, is entitled to priority in payment out of the proceeds of the lands of Barker which had, prior to their judgments, been fraudulently conveyed to hinder and delay his (Barker’s) creditors. The circuit court adjudged that the bank was entitled to priority, but this finding was reversed by the Appellate Court and Lane was adjudged entitled to have his judgments first paid, it being conceded that Browne and the other creditors came third in the race.…

2Cases cited5 opinions

  1. Allison v. DrakeIllinois Supreme Court · 1892
  2. Rappleye v. International BankIllinois Supreme Court · 1879
  3. McKinney, Gilmore & Co. v. Farmers' National BankIllinois Supreme Court · 1882
  4. McClure v. EngelhardtIllinois Supreme Court · 1855
  5. Gould v. SteinburgIllinois Supreme Court · 1876

3Cited by15 opinions

  1. In the Matter Of: Lewis C. Leonard Debtor. Appeal Of: Robert Barker and Theodore LieblichCourt of Appeals for the Seventh Circuit · 1997
  2. Van Antwerp v. HoranIllinois Supreme Court · 1945
  3. Casey National Bank v. RoanAppellate Court of Illinois · 1996
  4. Demartini v. DemartiniIllinois Supreme Court · 1943
  5. Harms v. SpragueAppellate Court of Illinois · 1983

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