Eames v. Dorsett
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. This was a creditor’s bill, brought August 4,1890, by Henry F. Eames, Frank A. Heeht and Alfred Cowles, against Ellen R. Dorsett and Daniel H. Dorsett, who are husband and wife.
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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. Murray F. Tuley, Judge, presiding. This was a creditor’s bill, brought August 4,1890, by Henry F. Eames, Frank A. Heeht and Alfred Cowles, against Ellen R. Dorsett and Daniel H. Dorsett, who are husband and wife. The bill is predicated on two judgments in the circuit court of Cook county, one rendered March 2, 1890, in favor of George W. Clother, againstvDaniel H. Dorsett, for the sum of §1582.50 and costs. This judgment was appealed by defendants therein to…
1Opinion of the CourtJustice Craig
The question presented by this record is, whether the conveyance to Ellen E. Dorsett, of lot 2 and the west half of lot 3, which are more particularly described in the bill, was fraudulent as against the two creditors who obtained judgment on their respective claims against Daniel H. Dorsett. The law is well settled that a voluntary conveyance of property by a husband to his wife, where the husband is insolvent or indebted beyond his ability to pay, will be regarded as fraudulent as against existing creditors. (Moritz v. Hoffman, 35 Ill. 553; Patterson v. McKinney, 97 id. 41; Marmon v.…
2Cases cited3 opinions
- Moritz v. HoffmanIllinois Supreme Court · 1864
- Bridgford v. RiddellIllinois Supreme Court · 1870
- Jackson v. MinerIllinois Supreme Court · 1881
3Cited by2 opinions
- National City Bank v. CowdinAppellate Court of Illinois · 1930
- Rogers v. DimonAppellate Court of Illinois · 1903