Mann v. Ruby

Citations

• 102 Ill. 348
• 1882 Ill. LEXIS 36

Syllabus

<p>1. Fraudulent conveyance—without consideration, to delay creditors. A colorable conveyance of real estate by a debtor to his brother, without any valuable consideration, made with the design of all concerned to delay and hinder the creditors of the grantor in the collection of their just demands, will be set aside on creditor’s bill, and the land subjected to the payment of the complainant’s judgment.</p> <p>2. Creditor’s bill—by whom. A creditor’s bill is properly brought in the name of the judgment creditor, as the owner of the judgment. The statement of the indorser of the note upon which the judgment was recovered, in his testimony, that the suit was being “carried on for his benefit,” does not prove that the money, when collected, is to go to him. The indorser might well have an interest in the prosecution of the suit, as, if the judgment was made out of the property of the judgment debtor, he would not be responsible as such indorser.</p>