Cameron v. Savage

Citations

• 37 Ill. 172

Syllabus

<p>1. Fraud—evidence of. The fact, that a man, with his family, resides upon land claimed by his father-in-law; and cultivates, uses and occupies it; paying taxes in his own name, is not evidence that he is the owner ; and that the title is kept out of him to defraud his creditors.</p> <p>2. Same. The advice of such occupant to the owners to sell a tax title, under which they claim the land, to a third person, is not evidence that it is purchased by such third person on a secret trust for the benefit of the occupant.</p> <p>And the occupant, having previously contracted for the purchase of the patent title to the land, and forfeited the contract, and that title afterwards having been purchased by the same person who had purchased the tax title, does not prove that such third person holds the title for the benefit of the occupant.</p> <p>3. Same. A proposition by the person who had thus purchased the title, that if the neighbors of the occupant who complained of his course in the matter would raise and pay him a certain sum of money, that he would convey to the children of the occupant, does not prove that he is fraudulently holding the title to defraud the creditors of the occupant.</p> <p>4. Rule of court—to produce papers. A rule of court, that defendant produce the remaining part of a letter, a portion of which he had attached to a .commission to take depositions, or show cause, is properly aniwered and discharged, when, in answer to the rule, the party denies that he has the other part, and states that he believes it to he lost or destroyed.</p>