Hurd v. Ascherman

Citations

• 117 Ill. 501
• 6 N.E. 160

Syllabus

<p>1. Chancery—retaining a case for all purposes. Where a court of equity rightfully obtains jurisdiction of a suit, it will retain it for all purposes germain to the subject matter of the original bill, although some of the matters alleged therein may have ceased to be matters of contention.</p> <p>2. Same—multifariousness. A creditor’s bill seeking relief against different defendants, for separate and distinct matters, by setting aside different1 conveyances to different persons, and a judgment confessed and a chattel mortgage alleged to be fraudulent, is not obnoxious to the charge of multifariousness.</p> <p>3. Same—hearing without replication. Where a decree finds that the cause was heard on the pleadings, etc., including a replication, the decree at variance with the answer will not be reversed merely because no replication appears in the transcript, but leave will be given to file one nunc pro tunc.</p> <p>4. Same—evidence to overcome sworn answer. A sworn answer to a bill in chancery must be taken as true unless overcome by the testimony. Where such answer sets up a material fact responsive to the hill, which is denied by two witnesses, and is sustained by the testimony of the defendant answering and another defendant, they all being equally credible, it can not be said the answer is overcome.</p> <p>5. Fraudulent conveyance—extent of liability of fraudulent grantee or mortgagee. A party who takes a chattel mortgage, which is fraudulent as to creditors of the mortgagor, on creditor’s bill setting the mortgage aside, should be charged only with what he received for the property mortgaged, or, at most, with what he might with reasonable diligence have made out of the property that came to his hands. He should not be charged with property embraced in the mortgage that did not belong to the mortgagor, and which was claimed by others.</p> <p>6. Error—not assigned, not considered. Where errors and cross-errors are assigned in the Appellate .Court, and the decree r