Alkire v. Kahle

Citations

• 123 Ill. 496
• 17 N.E. 693

Syllabus

<p>1. Partnership—whether land is to be considered partnership property. To make land partnership property, it must have been purchased with partnership funds for partnership purposes, or at least there must have been one of these elements present.</p> <p>2. The fact of a conveyance of land being made to the members of a co-partnership, even though the grantees may be described in the deed as “composing the firm of,” giving the firm name, affords no indication that the land was purchased with partnership funds or appropriated to partnership purposes. That was but descriptio personce of the individual grantees in the deed. .</p> <p>3. Same—rights of indimd/aal partners in respect to the partnership effects, including lands. The separate estate or interest of a co-partner in any of the co-partnership effects, is only his share of that part thereof which remains after the debts of the firm and the demands of his co-partners, as such, are satisfied; and if one of the partners has paid more than his share of the partnership debts, he will have a claim upon the partnership property, including real estate, which, in equity, is paramount to the claims of the separate creditors of his co-partners. And the real estate of the firm is, in equity, to be treated as part of the effects of the firm.</p> <p>4. Alteration—case showing change in date of deed. In this case the facts and circumstances are stated, from which the court finds that a deed of a judgment debtor, of land to his partner, made, in fact, in 1886, after the recovery of the judgment, was altered by the erasure of the figure “6” and putting the figure “4” in its place, so as to make its date appear to have been in 1884, and prior to the judgment.</p>