Chicago, Burlington & Quincy Railroad v. Watson

Citations

• 105 Ill. 217
• 1883 Ill. LEXIS 83

Syllabus

<p>1. Appeal— when a freehold is involved, within the meaning of the 'statute. A freehold is not involved, within the meaning of the statute giving an appeal directly to this court from the trial court, in cases where the litigation may, oh certain contingencies, result in the loss of a freehold, but which will not necessarily have that effect. Nor does the statute include cases in which a freehold may be directly affected by the judgment or decree in the cause unless payment or some act is done to arrest the sale of land, or discharge a lien thereon for the payment of money.</p> <p>2. A freehold is never involved, within the meaning of the statute, except where the primary object of the suit is the recovery of a freehold estate the title whereof is directly put in issue, and where .the suit, if prosecuted to a final determination, will, by virtue of the judgment or decree rendered therein, as between the parties, result in one gaining and the other losing the estate.</p> <p>3. Same—freehold not involved in creditor's hill to set aside fraudulent conveyance. A creditor’s bill to set aside a conveyance of land as fraudulent, and to subject the land conveyed to the payment of the creditor’s judgment, or any other proceeding to establish and enforce a lien on land for the payment of a debt, involves no freehold, within the meaning of the statute, and no appeal in such cases lies directly from the trial court to this court.</p>