Kingman & Co. v. Mowry
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Henry county; the Hon. Frank D. Ramsay, Judge, presiding. The appellant company held two judgments against the appellee George G. Mowry, on which executions had been returned nulla bona. This was a creditor’s bill by the appellant company to set aside certain transactions alleged to have been consummated in fraud of its rights, as the owner of those judgments.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Henry county; the Hon. Frank D. Ramsay, Judge, presiding. The appellant company held two judgments against the appellee George G. Mowry, on which executions had been returned nulla bona. This was a creditor’s bill by the appellant company to set aside certain transactions alleged to have been consummated in fraud of its rights, as the owner of those judgments. The allegations of the bill, in substance, were, that the judgment debtor, for the purpose of hindering and delaying his…
1Opinion of the CourtJustice Boggs
The truth of the averments' of the answer was not challenged by replication, but the cause was submitted to the court for decision upon bill and answer. The answer was, therefore, to be accepted as true. Pankey v. Baum, 51 Ill. 88; Fordyce v. Shriver, 115 id. 530; County of Cook v. Great Western Railroad Co. 119 id. 218:
It appears indisputably from the facts set forth in or by the answer, the transaction here sought to be invalidated was entered into and executed in actual good faith and without any desire to defraud creditors. If, however, its legal effect was to work a fraud on the rights…
2Cases cited4 opinions
- Kellogg v. Douglas County BankSupreme Court of Kansas · 1897
- Bennett v. MinottOregon Supreme Court · 1896
- Lawson v. FunkIllinois Supreme Court · 1884
- Pankey v. RaumIllinois Supreme Court · 1869
3Cited by10 opinions
- In re BrausCourt of Appeals for the Second Circuit · 1917
- Thorpe v. Pennock Mercantile Co.Supreme Court of Minnesota · 1906
- Hicks v. WhitingTennessee Supreme Court · 1923
- Skinner v. Southern Grocery Co.Supreme Court of Alabama · 1911
- Byrne & Hammer Dry Goods Co. v. Willis-Dunn Co.South Dakota Supreme Court · 1909
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