Lawson v. Funk

Citations

• 108 Ill. 502
• 1884 Ill. LEXIS 1509

Syllabus

<p>1. Fbatjdttlent conveyances—fraudulent intent not essential. There are two distinct grounds upon which conveyances and other contracts will be deemed fraudulent as'against creditors: First, such as are entered into with a fraudulent intent; and second, such as, from the terms of the agreement or the nature of the transaction itself, are deemed so as a mere inference of law, without regard to the motives or actual intentions of the contracting parties.</p> <p>2. In the first class of cases the fraudulent intent is always a question of fact, to be established by extrinsic proofs, while in the other the contract or transaction, under, the circumstances shown, may be deemed fraudulent, although the parties may have acted in the best of faith.</p> <p>3. In determining whether there is fraud in fact in a contract or transaction, the court will look at the relations of the parties, the terms of the contract, the value and character of the property conveyed, the consideration, and of what it consists, and to the circumstances under which the transfer was made.</p> <p>4. Same—of the consideration—contract for support of grantor. If an insolvent debtor conveys property which is liable to be taken for his debts, in consideration of an agreement or covenant on the part of the grantee to maintain or support the grantor, the conveyance will be fraudulent and void as against creditors; and this is so if it appears that any part of the consideration is to be paid in the future support of the grantor.</p> <p>5. Same—in the particular case—conveyance to grantor's sons on a claim of a contract for services. The sons of a grantor of land, after becoming'of age, remained with their father, as before, six or eight years, under a secret verbal agreement that they were to be paid more than the usual wages, to be boarded and clothed, and furnished with all the spending money they might need, free, and have their teams and stock fed out of their father’s grain; and it was claimed that non