Campbell v. Whitson

Citations

• 68 Ill. 240

Syllabus

<p>1. Feaudulent conveyance—valid as between the parties and primes in estate with notice. It is a well settled and familiar doctrine, that, although voluntary conveyances are or may be void as to existing creditors, yet they are valid and effectual as between the parties, and also as to the heirs of the grantor and those claiming under him in privity of estate, with notice of the fraud. As to existing creditors, they are void only to the extent in which it may he necessary to deal with the conveyed estate for their satisfaction.</p> <p>2. Same—effect of, as to a subsequent grantee. A conveyance made to defraud creditors is valid as against a subsequent grantee who takes from the original grantor as a volunteer, or without consideration. A subsequent purchaser, to avoid such a conveyance, must show affirmatively that he purchased Iona fide, and for a valuable consideration.</p>