McElroy v. Hiner

Citations

• 133 Ill. 156
• 24 N.E. 435

Syllabus

<p>1. Fbattotjdent CONVEYANCE—as between the parties. While a voluntary conveyance of land in fraud of creditors is void as to creditors, it is binding upon the parties so far as it is executed; but neither courts-of law nor equity will lend their aid to carry out or perfect any part of the transaction which is left executory.</p> <p>2. A court pf equity will not enforce the trust and confidence growing out of a conveyance made to defraud creditors, at the suit of the fraudulent grantor, or at the suit of his heirs, against the heirs of the fraudulent grantee, or their grantee.</p> <p>3. A, for the purpose of hindering his creditors, conveyed a tract of land to B, his brother-in-law, and alter their death the heirs of B conveyed the land to the widow of A: Held, that a court of equity would; not treat or hold the widow as a trustee for the heirs of A, and enforce-such trust in their favor. The fraudulent grantee or his heirs might dispose of the property as they saw fit.</p> <p>4. Dediveby oe deed—presumption. Where a deed, after its signing and acknowledgment, remains in the grantor’s possession until after</p> <p>'the death of the grantee, there will arise a prima facie presumption that the deed was never delivered.</p> <p>5. Same—what will constitute a delivery. To constitute a sufficient delivery of a deed no particular formality need be observed. A deed may be delivered by words without acts, or by acts without words, or by both acts and words; but there must be something answering to one or the other, or both of these, with an intent to give effect to the deed.</p> <p>'6. Same—delivery to a stranger. Doubtless a delivery of a deed by the grantor to a stranger having no authority to accept it for the grantee, would be a valid delivery, provided the grantee should afterward accept the deed; and such acceptance by the grantee might be shown by implication. But to make a delivery to a stranger effectual, the intention with which the delivery was made must be expre