Matson v. Sweetser
Appellate Court of Illinois
Memorandum.—Assumpsit. In the Superior Court of Cook County; the Hon. George H. Kettelle, Judge, presiding. Declaration and plea of general issue; trial by court and finding for plaintiff; defendant appeals. Heard in this court at the March term, 1893.
1Opinion of the Court
Opinion of the Court,
Waterman, J.
It is undoubtedly the case, that the taking out and levy of execution, with no intention to make an immediate sale, but merely to obtain better security for the debt, or for the purpose only of giving time to the debtor, is fraudulent as against subsequent purchasers, incumbrancers or execution creditors. Freeman on Executions, Sec. 206.
We fail to find in the record of this case any evidence that any of the plaintiffs in the various executions, upon which the sales in question were made, took out or had levied process for any purpose other than to obtain…
2Cases cited6 opinions
- Gilmore v. DavisIllinois Supreme Court · 1877
- Bergin v. HaywardMassachusetts Supreme Judicial Court · 1869
- Weir v. HaleSupreme Court of Pennsylvania · 1842
- Robbins v. J. W. Butler Paper Co.Appellate Court of Illinois · 1890
- McMullen v. GableIllinois Supreme Court · 1868
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