Merrell v. Johnson

Citations

• 96 Ill. 224
• 1880 Ill. LEXIS 25

Syllabus

<p>1. Fkaudulent . conveyance—voluntary settlement. If, at the time of making a voluntary settlement, by a father upon his children, he still retains sufficient property to pay all his debts, such settlement can not be impeached unless it is fraudulent in fact. Mere indebtedness at the time is not sufficient to render the settlement fraudulent in law if the donor retains property sufficient to discharge his debts.</p> <p>2. To impeach a conveyance of land by a father to his children as fraudulent, it necessarily devolves upon the complainant to aver and prove that he was a creditor at the time the conveyance was made, and that the grantor was then insolvent, or show such facts and circumstances as will authorize a court or jury to presume insolvency.</p> <p>3. Same—title under prior lien. Where a father conveys land to his children, subject to liens thereon by mortgage and judgment which are prior liens, and the land is sold under such prior liens and purchased by a third person for the benefit of such children, with means derived from their mother’s separate estate, and the time for redemption is passed, a judgment creditor of the father, whose lien is junior, can not have the conveyance to the children and third person set aside as fraudulent, and subject the land to the payment of his debt.</p>