Waddams v. Humphrey
Illinois Supreme Court
This bill states that, in September, A. D. 1851, complainants recovered a judgment in the Circuit Court of Stephenson county, Illinois, for $>1,014.66, and costs taxed at $20.55, against David McAusland, who, with William Waddams, late father-in-law of said McAusland, are made defendants. That, September 15,1851, execution issued on said judgment , against said David McAusland.
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This bill states that, in September, A. D. 1851, complainants recovered a judgment in the Circuit Court of Stephenson county, Illinois, for $>1,014.66, and costs taxed at $20.55, against David McAusland, who, with William Waddams, late father-in-law of said McAusland, are made defendants. That, September 15,1851, execution issued on said judgment , against said David McAusland. That, on or about December 8, 1851, the sheriff levied on N. W. i of N. E. i, and S. W. 4 of N. E. 4, and N. W. I of S. E. 4 of Sec. 17, containing 120 acres; also E. 4 N. W. 4, and 43 acres off the east side of E. 4…
1Opinion of the CourtBreese, J.
We are not aware of any rule of law requiring a debtor to hold on to his real or personal estate, until a creditor can sue him and obtain judgment and execution. Such a law would produce disastrous effects, by fettering the free transfer and sale of property from one to another. But in all sales good faith must be observed, and they must be so conducted as to. bear on their face no evidences of fraud whatever. Ho matter how much a man may be indebted, he may sell his property for a fair price, or even for a price below its market value, if done honestly and with no view to delay, hinder or…
2Cited by19 opinions
- Dougherty v. CooperSupreme Court of Missouri · 1883
- Murry Nelson & Co. v. LeiterIllinois Supreme Court · 1901
- Griffeth v. GriffethIllinois Supreme Court · 1896
- Schreffler v. ChaseIllinois Supreme Court · 1910
- Hessing v. McCloskeyIllinois Supreme Court · 1865
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