Arnold v. Gifford

Citations

• 62 Ill. 249

Syllabus

<p>1. Judgment—binding force collaterally. A stranger to a judgment can not question its regularity collaterally. It may be erroneous and voidable, but if the court had jurisdiction of the subject-matter and the person, its determination is conclusive until reversed by an appellate court, unless the judgment is absolutely void.</p> <p>2. Same—impeaching far fraud. Where the owner of an equity of redemption transferred the same to hinder and delay creditors, and afterward gave a note with a power to take judgment against him by confession, to enable a third party to levy upon and sell the land and redeem the same, and there was no consideration whatever for the note, and the holder of the note after judgment, levy, sale, and sheriff’s deed for the land, filed his bill to avoid the transfer of the equity of redemption for fraud, and to redeem from the debtor’s deed of the land given in the nature of a mortgage : Meld, that as the note, which was the foundation of the judgment, was given in had faith and without consideration, there was no debt, and consequently the judgment could form no basis in equity for the redemption.</p> <p>3. ¡Redemption by judgment creditor—fraudulent judgment. The fact that a debtor confesses judgment in favor of a creditor for the express purpose of enabling the latter to redeem, will not invalidate the redemption, if there he no fraud in the consideration; but where judgment is confessed or procured where no debt, in fact, exists, and it is done in bad faith and fraudulently, the party seeking to redeem under such judgment, being a mere volunteer, and a party to a fraudulent plan, will receive no aid or assistance in a court of equity.</p>