Durand v. Weightman

Citations

• 108 Ill. 489
• 1884 Ill. LEXIS 1507

Syllabus

<p>1. Fraudulent conveyance—voluntary settlement good as to subsequent creditors. A voluntary settlement of property by a husband upon his wife can be assailed only by his existing creditors. A party out of debt can make a settlement of his property on whom he pleases, if done in good faith, and any one dealing with him after such settlement is made a matter of record, will have no right to assail it, or say it was fraudulent as to him.</p> <p>2. Where a husband conveyed land to bis wife as a voluntary settlement for her future maintenance, retaining at the time personal property amply sufficient to discharge all his liabilities, without any intention thereby to defraud any existing or subsequent creditors, the same will be good as against such subsequent creditors.</p> <p>3. Evidence'—declarations of grantor to defeat grant. As a general rule a grantor, after he has made and delivered his deed, will not be permitted to disparage his grantee’s title by subsequent declarations made in the absence of the grantee.</p> <p>4. Deed—takes no effect jintil delivered. Where a party took a deed made by her to her son, and a deed from the son to his father, as soon as prepared and acknowledged, neither of which was ever delivered to either her son or husband, but were retained by her with the express understanding that they were not to be delivered unless she died before her husband, and the husband died before the wife, it was held, that the deeds never took eifect so as to vest the title in the grantees, or either of them.</p>