McCrosky v. Leach

Citations

• 63 Ill. 61

Syllabus

<p>1. Attachment—-fraudulent conveyance of property. On the trial of an issue on a plea in abatement to a writ of attachment denying that defendant fraudulently conveyed certain real estate to a trustee for the benefit of defendant’s wife, to hinder and delay creditors, it appeared that a few days before the issuing of the writ the defendant had made such a deed, which was left to be recorded, but in fact was never recorded, and that two days before the suit was brought, the deed, by consent of all parties in interest, was withdrawn and destroyed; that defendant executed the deed in good faith on information that he had a right to provide for his wife, hut on learning that he could not, it -was withdrawn and destroyed, so that at the date of the writ there was no deed in existence: Held, that the court, on these facts, properly found the issue for the defendant and quashed the writ.</p>