Wood v. Shaw
Illinois Supreme Court
This was a bill in chancery filed by appellees against appellants, in the Wabash Circuit Court, at the April term, 1860. The bill alleges that complainant,, on the 9th of April, 1857, recovered a judgment against defendants, in the White Circuit Court, for $1,324.50 and costs.
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This was a bill in chancery filed by appellees against appellants, in the Wabash Circuit Court, at the April term, 1860. The bill alleges that complainant,, on the 9th of April, 1857, recovered a judgment against defendants, in the White Circuit Court, for $1,324.50 and costs. That execution issued thereon to Wabash county, which was levied on the undivided six-seventh parts of south-east quarter Section 1, Township 1 north, Range 12 west, and six-sevenths of “ north part of north-east quarter ” of Section 12, Township 1 north, Range 12 west, in Wabash county, and known as the “ Wood Farm.”…
1Opinion of the CourtCaton, C. J.
The only circumstance really entitled to consideration as tending to- show a fraudulent intent on the part of Wood in his sale of the premises to Paine, is his declaration made to Paine at or about the time of the sale. That showed that he was embarrassed, and he stated if his property was sold on execution, it would bring but little, but if he sold it himself, he could pay all his debts. If this expressed his real purpose in selling the farm, it shows an honest and not a fraudulent intention. Surely the law does not deprive even an insolvent man of the right to sell his property to pay his…
2Cited by5 opinions
- Ellis v. A. S. Valentine & SonTexas Supreme Court · 1886
- Holbrook v. First National BankAppellate Court of Illinois · 1882
- Wallace v. SteagallAppellate Court of Illinois · 1894
- Beach v. MillerAppellate Court of Illinois · 1887
- Mathews v. ReinhardtAppellate Court of Illinois · 1892