Nelson v. Smith
Illinois Supreme Court
The plaintiff in error commenced this action against the defendants in error, in trespass, to recover damages for taking goods and merchandise from the plaintiff by virtue of a writ of attachment, issued to Seth Smith, one of the defendants, sheriff of Warren county, from the Circuit Court of that county, at the suit of Archibald Young, and others, against George W. Nelson, on the 16th December, 1859. The plaintiff claimed to he the owner of the property, by virtue of a…
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The plaintiff in error commenced this action against the defendants in error, in trespass, to recover damages for taking goods and merchandise from the plaintiff by virtue of a writ of attachment, issued to Seth Smith, one of the defendants, sheriff of Warren county, from the Circuit Court of that county, at the suit of Archibald Young, and others, against George W. Nelson, on the 16th December, 1859. The plaintiff claimed to he the owner of the property, by virtue of a purchase on the 24th October, 1859, from George W. Nelson, and the defendants alleged by their third special plea, that the…
1Opinion of the CourtWalker, J.
It is insisted that the sale by George W. Nelson, to plaintiff in error, was fraudulent and void, it having, as it is urged, been made for the purpose of hindering and delaying creditors. Questions, arising under the statute of frauds, both in this country and Great Britain, have been perhaps more numerous than under any other statute. Owing to the endless variety of the modes adopted, by which to cover property, and prevent its being reached by creditors, it can hardly be expected that courts can ever, by decision, settle all questions which may arise in such cases. All of the forms usually…
2Cited by6 opinions
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