Jackson v. Miner

Citations

• 101 Ill. 550
• 1882 Ill. LEXIS 119

Syllabus

<p>1. Fraudulent conveyance—gifts not valid as to then existing creditors. The purchase of property by a man, for a woman, in his own name, and its conveyance to her without any pecuniary consideration, and in view of illicit intercourse with her, past and expected, will not be sustained as against the claims of creditors for debts owing at the time of the grant, which he at that time was unable to pay.</p> <p>2. Same—as to subsequent creditors. Where property was bought for another as a gift, and the person to whom the gift was made put in possession of the same in 1870, and the conveyance made to her and recorded in December, 1871, at which times the party making the purchase and gift was solvent and in good credit, it was held, that the gift could not be set aside by creditors for debts accruing to them in 1873 and 1874.</p> <p>3. Compbomise—setting aside for fraud. A compromise by a debtor with his creditors, by which he paid fifty cents on the dollar of his indebtedness, and procured releases, will not be set aside, in the absence of proof of any false representations or fraud except his omission to inform his creditors that he had held the title to certain houses and lots, and had made a gift of them to another.</p> <p>4. Allegations and decbee—must correspond. On a creditor’s bill to set aside certain voluntary conveyances as having been made to hinder and defraud creditors, a prior compromise of the debtor with the creditor, by which fifty per cent of his indebtedness was taken in full discharge, can not be set aside, and the settlement opened for fraud, where no such case is made in the pleadings, or shown by the proof.</p> <p>5. Acknowledgments oe deeds—impeaching the certificate. The testimony of a widow that she never joined with her husband in the execution of a deed, or acknowledged the same, is not sufficient to overcome the certificate of the officer as to her acknowledgment, and his testimony in support thereof.</p>