Lobstein v. Lehn

Citations

• 120 Ill. 549
• 12 N.E. 68

Syllabus

<p>1. Appeal—as to the amount involved. On creditor’s bill to set aside a conveyance of land and subject it to the payment of a judgment of $490, the grantees in the deed set up in their answers and cross-bill that the same was given to them to secure an indebtedness from the grantor to them of some $1500, and over $500 moneys advanced or assumed by them in respect to prior incumbrances, and the court sustained the cross-bill foreclosing the deed as a mortgage, and ordered a sale giving precedence to the claims of the grantees. It was held, that an appeal would lie from the judgment of the Appellate Court afSrming the decree below, there being over $1000 involved.</p> <p>2. In such case, the complainant in the creditor’s bill will stand in the same position in regard to an appeal, as if the cross-bill was a bill to foreclose, or his bill was one to redeem from a mortgage; and as the decree below required him to^pay a sum over $1000 beyond what he claimed to be due, the litigation involved over $1000.</p> <p>3. Fba'odtjlent conveyance—of the distinction in case there is fraud in fact, or the transaction is only constructively fraudulent. A deed fraudulent in fact, is absolutely void as against creditors of the grantor, and will not be permitted to stand as a security for any purpose of reimbursement or indemnity; but it is otherwise with a deed which is only constructively fraudulent. In the latter case, the grantee may hold the same as a security for a debi honestly due him.</p>