Mugge v. Ewing

Citations

• 54 Ill. 236

Syllabus

<p>Creditor’s bill—who may maintain it. A surety who had paid a judgment recovered against himself and his principal, joined with other creditors, after the death of the principal debtor, in a bill in chancery to set aside a conveyance made by him in his lifetime, for the purpose, as was alleged, of defrauding his creditors: Held, such surety stood in the position of a simple contract creditor, not having obtained a judgment against his principal in his lifetime, or obtained an allowance of the claim against his estate, and therefore was not in a position to maintain a bill of that char-' acter.</p>