Morrill v. Kilner

Citations

• 113 Ill. 318
• 1885 Ill. LEXIS 694

Syllabus

<p>1. Fraudulent conveyance—generally. A debtor in failing circumstances is only allowed to transfer his'property by making a general assignment of it for the benefit of creditors.</p> <p>2. Same—voluntary. conveyance by an insolvent debtoi—subsequent creditors. A convej'ance of real estate without consideration, or for a mere nominal one, by a party who is at the time largely indebted and insolvent, will be regarded as fraudulent and void, even as against subsequent creditors.</p> <p>8. Same—of a conveyance made in anticipation of insolvency. A person, about a week after contracting for a loan of money, conveyed certain lots owned by him to .his mother, without consideration, and received the money upon the loan the next day after the execution and delivery of. his deed, and the deed was not recorded until eleven months after its execution, and only a day or two before the grantor made a general assignment. It was held, that from these facts it could be fairly inferred that the convej’ance to the mother was made in anticipation of the grantor becoming indebted, and that the same was fraudulent as to the party loaning him the money.</p>