Cox v. Milner
Illinois Supreme Court
This was a bill filed by plaintiffs in error against defendant in error, in the court below, for an injunction and relief.
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This was a bill filed by plaintiffs in error against defendant in error, in the court below, for an injunction and relief. The bill alleges that on the 27th day of February, 1856, the complainants purchased of Levi Smith certain described land, of which said Smith was then possessed as owner; that. they in consideration executed their notes for the sum of $1,000 for said land, in payments of $250 each, which notes were payable, two of them on the 25th of December, 1856, and two of them on the 1st of September, 1857; that these notes, before the filing of the bill, had been indorsed to third…
1Opinion of the CourtBreese, J.
The only question presented in this case is, did the appellees, the attaching creditors of Smith, have notice of the sale of the land to the appellants, before the levy of their attachment ?
The proof is clear that Smith had sold and conveyed the land to appellants for a valuable consideration, and without fraud to appellants, on the 27th Feb., 1856, and the deed duly filed for record and recorded on the 12th March thereafter. The attachment was issued on the 9th of March.
The bill alleges that appellees, when they levied the attachment, knew of this sale to appellants.
Milner, who alone…
2Cited by6 opinions
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- Babcock v. LiskIllinois Supreme Court · 1870
- Houghton v. DavenportSupreme Judicial Court of Maine · 1883
- Slattery v. RaffertyIllinois Supreme Court · 1879
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