Frank v. King

Citations

• 121 Ill. 250
• 12 N.E. 720

Syllabus

<p>1. Bbatjdtjlent conveyances —preferring creditors—preference of debtor’s wife. A debtor in failing circumstances may prefer one creditor to the exclusion of others, if he does so in good faith, for a valuable consideration; and a wife may be preferred by a husband, if she is a bona fide creditor, and_ the conveyance is made in good faith, and based upon a valuable consideration.</p> <p>3. But when a husband undertakes to prefer his wife to the exclusion of other creditors, the proof should be clear and satisfactory that she has a valid, subsisting debt, which is to be enforced, and payment exacted, regardless of the husband’s fortune or misfortune.</p> <p>3. In this case, a person exchanged a tract of land belonging to his wife, of the value of $1000, for other land, taking the title to the latter in his own name, by her consent, and giving no obligation to pay her anything, and he afterward.sold the land thus acquired, for $1600, and used the money, and $200 more of his own, in the purchase of another tract, and some twelve years after exchanging his wife’s land, and while largely indebted and insolvent, conveyed the tract last acquired, to his wife, through a trustee. It was held, that the conveyance to the wife could not be held good as against the husband’s creditors.</p> <p>4. Appeal—whether freehold involved. Where a third person inter-pleads in an action by attachment, claiming the title to the land attached, in fee simple, on the trial of the issue a freehold is involved, and either party may bring the case to this court for review, in the first instance.</p>