Bell v. Devore

Citations

• 96 Ill. 217
• 1880 Ill. LEXIS 24

Syllabus

<p>1. Ekatotjlent conveyance—-facts showing. Where a party, after becoming indebted, made a voluntary conveyance of most of his lands to his son and son-in-law without any consideration, and the latter, some years after, reconveyed to the debtor, who, soon after notice that the debt would be enforced against him, conveyed the same land to the son-in-law, who, in a few days afterwards, conveyed the same to the debtor’s wife, there being no consideration for either deed, and when advised by an attorney that the last deeds were not good for want of a consideration, the debtor and his wife conveyed this and other lands owned bv him, including his homestead, to the same son-in-law, taking his note for $2500, and very shortly afterwards the debtor, who continued to occupy the premises, sold the notes to a neighbor, a poor man, for $1000, whose land was mortgaged, and proceedings pending to foreclose the same, and who had been trying to borrow money to relieve his own property, and he immediately afterwards transferred the notes to the maker for $1500, $1000 of which, he testified, was paid down, and the remainder in a few days after the transfer, it was held, notwithstanding the testimony of the grantor and grantee that the last conveyance was made in good faith, and without any fraudulent intent, that the proof showed the same was made in fraud of creditors, and should be set aside, except as to the land exempt as a homestead.</p> <p>2. Same—evidence on question. Where the facts and circumstances of a transaction show it to be fraudulent, as against creditors, the declarations of the parties to it under oath that it was in good faith, and without fraudulent intent, will avail but little.</p> <p>3. Homestead—-fraudulent conveyance. Where the owner of a homestead, and his wife, conveyed the premises to a third person, who reconveyed to the wife, the purpose of the transaction being to hinder and delay creditors, the court,, upon declaring the conveyances fraudulent as agai