Fanning v. Russell

Citations

• 94 Ill. 386

Syllabus

<p>1. Appeal—when it lies from. Appellate Court. Where the judgment of the Appellate Court is such that no further proceedings can be bad in t.lie circuit court, except to carry into effect the mandate of the Appellate Court, and the litigation involves a freehold, an appeal lies to this court from the judgment or decree of the Appellate Court.</p> <p>2. Practice in Supreme Court—reviewing facts found by Appellate Court. The provision in the Practice act making the findings' of fact, by the Appellate Court, conclusive .on error or appeal to this court., has no application to chancery cases; and it is the duty of this court to review the evidence as to the facts found which constitute the basis of the decree. o</p> <p>3. Chancery practice—trial of feigned issue. Where a doubtful question of fact arises, it may be referred tó a jury on a feigned issue. The verdict in such case is to satisfy the conscience of the chancellor, and if he is riot satisfied, he may disregard it, and either direct a new trial or find the facts himself. This is the practice in the courts of England as well as in our courts. '</p> <p>4. If a party is not satisfied with the verdict, of the jury, on the trial of a feigned issue out. of chancery, he should make his objections at the earliest possible opportunity, and in the court in which the error has intervened; and if he makes no objection in the court below, he will be regarded as acquiescing in the finding of the facts.</p> <p>5. Frauuulent conveyance—when grantor retains enough to pay his debts. A voluntary conveyance of lands by a father to his sons, by way of advancement, will not be fraudulent as to creditors of the father, if he retains ample means and property to pay all debts and liabilities.</p> <p>6. Gift—taking notes in child’s name is not a gift. The taking of a note by a father in his daughter’s name as payee, with the intention of making a gift to the daughter, gives the latter no vested interest in the note before its delivery