Fitzgerald v. Forristal

Citations

• 48 Ill. 228

Syllabus

<p>1. Voluntary conveyances—binding between the parties. A deed or mortgage, voluntarily executed and delivered, is binding at the common law, and cannot be relieved against, as between parties thereto, simply because it is voluntary.</p> <p>2. Foreclosure by scire facias—of defences thereto. In a proceeding by scire facias, to foreclose a mortgage, a want of consideration cannot be shown.</p> <p>3. Fraudulent conveyances—who are bound thereby. When a note is executed without a consideration, and a mortgage to secure the same, with intent to defraud another, it was held, that under the statute of frauds, as between the mortgagor and mortgagee, the mortgage is binding, and is void only as to the party intended to be hindered, delayed, or defrauded. To obtain relief upon the ground of fraud, the party seeking the relief must be free from any participation in the fraud.</p>