Marmon v. Harwood

Citations

• 124 Ill. 104
• 16 N.E. 236

Syllabus

<p>FbaxjdttIiENT conveyance—voluntary conveyance to a child—retaining property apparently sufficient to pay debts. A voluntary conveyanee to a child by a debtor, is fraudulent as to pre-existing creditors of the donor even though the latter retains property apparently sufficient in value to satisfy all his indebtedness, when it results that the property retained is not in fact sufficient to discharge all his liabilities.</p> <p>2. Same—inadequate provision for payment of debts. Nor will the voluntary conveyance by a debtor be relieved of its fraudulent character as against creditors, merely from the fact that he has placed sufficient means in the hands of another for the payment of his debts, the fund so provided being misapplied to other purposes.</p> <p>3. SAME'—motives and intent of the. donor and Ms grantee, as giving character to the transaction. If a voluntary conveyance from a parent to a child results in hindering or delaying creditors, it will be fraudulent in law, notwithstanding the grantor’s motives may have been honest and upright, and he may have supposed he retained ample means to discharge all of his debts.</p> <p>4. On bill by a creditor to impeach a voluntary conveyance, the motives of the grantee do not determine the validity of the transfer. If, however, the conveyance is based upon a valuable consideration, then the intent of the grantee may become important.</p>