McKinney, Gilmore & Co. v. Farmers' National Bank
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that court -on writ of error to the Circuit Court of Mercer county; the Hon. John J. Glenn, Judge, presiding. Patterson, being the owner of real estate in Knox county, conveyed the same fraudulently for the purpose of delaying and hindering his creditors.
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Appeal from the Appellate Court for the Second District;— heard in that court -on writ of error to the Circuit Court of Mercer county; the Hon. John J. Glenn, Judge, presiding. Patterson, being the owner of real estate in Knox county, conveyed the same fraudulently for the purpose of delaying and hindering his creditors. Afterwards appellees sued out attachments in suits in Mercer county, brought against Patterson, and caused the writs of attachment to' be levied specially upon the lands, as the property of Patterson, thus fraudulently conveyed by Patterson, the defendant. After this,…
1Opinion of the CourtJustice Dickey
The statute says such fraudulent conveyances shall be held void as against creditors. Creditors have the right to treat such conveyances as void. The moment appellees levied their attachments specially upon these lands, as the property of Patterson, their election to treat the former conveyances as void was declared, and such attachments became a lien against the lands with the same effect as if the fraudulent conveyances by Patterson had never been made. It follows that afterwards, when appellants applied to the court of chancery to set aside these conveyances, they did not disturb the prior…
2Cited by12 opinions
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- Salemonson v. ThompsonNorth Dakota Supreme Court · 1904
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