Legal Opinion

Moshier v. Reynolds

Illinois Supreme Court

Decided January 15, 1895PublishedCited by 3 opinions

Appeal from the Circuit Court of Knox county; the Hon. Jefferson Orr, Judge, presiding. At the October term, 1891, of the circuit court of Knox county, appellant recovered a judgment against Leander B. Reynolds for the sum of §6149.44, with costs of suit, and sued out an execution, which was placed in the hands of the sheriff, who levied the same on the south-west quarter of section 13, in Galesburg township, Knox county, Illinois, on the 12th day of December, 1891. On the…

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Appeal from the Circuit Court of Knox county; the Hon. Jefferson Orr, Judge, presiding. At the October term, 1891, of the circuit court of Knox county, appellant recovered a judgment against Leander B. Reynolds for the sum of §6149.44, with costs of suit, and sued out an execution, which was placed in the hands of the sheriff, who levied the same on the south-west quarter of section 13, in Galesburg township, Knox county, Illinois, on the 12th day of December, 1891. On the 22d day of July, 1892, appellant filed in the circuit court of Knox county a bill in aid of execution and for discovery,…

1Opinion of the CourtJustice Phillips

A bill filed in aid of an execution, or as a creditor’s bill, seeking to set aside an alleged fraudulent conveyance made by a judgment debtor and subject the lands to sale for the payment of the judgment indebtedness, does not involve a freehold. (Blackman v. Preston Bros. 119 Ill. 240, and authorities cited; Hupp v. Hupp, 153 id. 490, and authorities cited.) No jurisdiction exists in this court to entertain an appeal direct from the circuit court in such case. Leave will be given to withdraw record, abstracts and briefs, and this appeal is ordered dismissed.

Appeal dismissed.

2Cases cited1 opinion

  1. Blackman v. Preston Bros.Illinois Supreme Court · 1887

3Cited by3 opinions

  1. First National Bank of Hays City v. VestIllinois Supreme Court · 1900
  2. Biggins v. LambertIllinois Supreme Court · 1903
  3. Hunt v. ConnorAppellate Court of Illinois · 1898

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