Seaver v. Spink
Illinois Supreme Court
Appeal from the Circuit Court of Winnebago county; the Hon. William Brown, Judge, presiding. This was a bill in chancery, filed by the appellee, assignee in bankruptcy of William W. Wood & Co., to set aside, as fraudulent and void, a deed of trust executed by William W. Wood and wife to Rufus Stratton, to secure the payment of a note of $8000, payable to the appellant.
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Appeal from the Circuit Court of Winnebago county; the Hon. William Brown, Judge, presiding. This was a bill in chancery, filed by the appellee, assignee in bankruptcy of William W. Wood & Co., to set aside, as fraudulent and void, a deed of trust executed by William W. Wood and wife to Rufus Stratton, to secure the payment of a note of $8000, payable to the appellant. The grounds upon which this deed was sought to be avoided under the bankrupt law of the United States, appear in the opinion. The cause was heard upon the bill, answer of appellant, replication thereto, and proofs, and decree…
1Opinion of the CourtChief Justice Lawrence
In this ease no question is made as to the indebtedness from Wood to Seaver, but it is contended that the deed of trust is void as against the assignee in bankruptcy of Wood, under the 35th section of the bankrupt law. That section avoids all conveyances by the bankrupt made within four months prior to filing the petition, for the purpose of giving a preference to any creditor, if such creditor has reasonable cause to believe the grantor is insolvent, and the conveyance, is made in fraud of the bankrupt law.
In the case at bar the conveyance was in fact made and delivered several years prior…
2Cited by8 opinions
- Dean v. PlaneIllinois Supreme Court · 1902
- Harvey v. CraneU.S. Circuit Court for the Northern District of Illnois · 1871
- Dean v. PlaneAppellate Court of Illinois · 1901
- Goldsworthy v. Roger Williams National BankSupreme Court of Rhode Island · 1887
- Hall v. WagerU.S. Circuit Court for the District of Western Wisconsin · 1871
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