Nesbitt v. Digby
Illinois Supreme Court
This was a bill in Chancery filed in the Pike Circuit Court, by Nesbitt and Charless, the appellants, for the purpose of reaching certain effects which had been fraudulently assigned by some of the appellees, with a design to defraud and defeat creditors.
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This was a bill in Chancery filed in the Pike Circuit Court, by Nesbitt and Charless, the appellants, for the purpose of reaching certain effects which had been fraudulently assigned by some of the appellees, with a design to defraud and defeat creditors. The bill states, that in the year 1847 Theodore Digby and Sunderland G. Sears were the owners of a large amount of real estate and personal property in the county of Pike and State of Illinois, and were carrying on the business of merchandizing under the style of Digby & Sears; that during said year and before that time they became indebted…
1Opinion of the Court
Catón, J.
This looks very much like a fraudulent transaction. Before and at the time of the sale of this property to James Digby, the validity of which is now questioned, Digby & Sears were indebted to various persons in the sum of about $10,000. Of this, about $2,700, due to several persons in various amounts, had been, a few days before the sale, secured by several mortgages upon the real estate sold to James Digby. In December, 1846, Theodore Digby and Digby & Sears convey to James Digby all of their real and personal estate, including the real estate mentioned in the bill, and two stocks…
2Cited by7 opinions
- Phelps v. CurtsIllinois Supreme Court · 1875
- Young v. ClappIllinois Supreme Court · 1892
- Gardner v. Commercial National BankIllinois Supreme Court · 1880
- First National Bank v. North Wisconsin Lumber Co.Appellate Court of Illinois · 1891
- Black v. PalmerAppellate Court of Illinois · 1957
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