American Hoist & Derrick Co. v. Hall
Appellate Court of Illinois
Creditor’s Bill.—Appeal from the Circuit Court of Cook County; the Hon. Edward P. Vail, Judge presiding. Heard in the Branch Appellate Court at the October term, 1902. This is an appeal from a decree dismissing a creditor’s bill filed January 9, 1899, by appellant against Charles E. Hall, (who died during the pendency of the suit), William E. Hall and others, to set aside certain conveyances of real estate made by Charles E. Hall to his son, William E. Hall, and to subject…
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Creditor’s Bill.—Appeal from the Circuit Court of Cook County; the Hon. Edward P. Vail, Judge presiding. Heard in the Branch Appellate Court at the October term, 1902. This is an appeal from a decree dismissing a creditor’s bill filed January 9, 1899, by appellant against Charles E. Hall, (who died during the pendency of the suit), William E. Hall and others, to set aside certain conveyances of real estate made by Charles E. Hall to his son, William E. Hall, and to subject the property to the payment of complainant’s judgment against Charles E. Hall, on the ground that the conveyances had…
1Opinion of the CourtJustice Stein
The rule invoked by counsel, that where one person puts property in the name of another and thus enables him to acquire credit on the faith of it he can not defeat the claims of creditors who gave the credit on the strength of the record title, has no application to this case, for the reason there is no proof that before or at the time when Charles E. Hall guaranteed the notes upon which judgment was rendered against him, the complainant relied upon his being record owner of the real estate in question or even knew of his being such.
To sustain the allegations of its bill, complainant called…
2Cases cited4 opinions
- Merchants' National Bank v. LyonIllinois Supreme Court · 1900
- Carter v. GunnelsIllinois Supreme Court · 1873
- Kingman & Co. v. ReinemerIllinois Supreme Court · 1897
- Smith v. EdelsteinAppellate Court of Illinois · 1900