Lynn v. Lyerle

Citations

• 113 Ill. 128
• 1885 Ill. LEXIS 675

Syllabus

<p>• 1. Specific pebfobmance—as to promise to pay purchase money under new agreement after prior transaction set aside as in fraud of creditors. The owner of a tract of land conveyed the same to his son-in-law for $1200, talcing five promissory notes, of $200 each, from the grantee, one to each of the grantor’s five daughters, the other $200 being the grantee’s wife’s share of the purchase money. The conveyance was set aside at the instance of creditors of the grantor, and the notes given for the purchase money ordered to be surrendered and cancelled, which was done, except as to one note which had been paid. After the land was advertised for sale in the interest of the creditors, the grantor agreed to discharge the judgments and the lien on the land, and did so upon the agreement of the grantee to pay him $1200, which he afterward refused to do, or give his notes for the price: Held, that a court of equity would compel him to pay the sum really due from him; and that he could not defeat a suit in which relief was sought in that regard, on the alleged ground the conveyance was originally made to defraud creditors.</p> <p>2. Chancery—practice—omission to make formal disposition of injunction in decree. On bill to compel the purchaser of land to specifically perform his contract, the court, in decreeing that he pay the sum agreed to be paid, and making it a lien on the premises, made no disposition of an injunction previously granted restraining him from cutting and selling timber from the land: • Held, no error, as the decree fixed the rights of the parties, and when the defendant should execute the decree the injunction would fall or cease to hold good.</p> <p>3. Attorney at law—privileged communications. Where two parties go together to an attorney, .and make statements to him in the presence of each other, such statements are not confidential communications intended to be withheld from the opposite party, and there is no error in permitting the attorney to testify