Peterson v. Nehf

Citations

• 80 Ill. 25

Syllabus

<p>Former adjudication—conclusive of rights of •parties as to matters involved therein. On the hearing of a bill filed by a creditor against the wife of his debtor, to set aside a deed from the husband, and wife to a third parly, and a deed from such third parly to the wife, it appeared that the complainant in such suit had, after the execution of the deeds so sought to be set aside, purchased the property in said deeds described, from the husband, and taken a deed from him to one who held it in trust for complainant; that the wife refused to join in such deed, and afterwards filed a hill to set the same aside as a cloud upon her title, derived through the deed from the grantor of her husband and herself; that on the hearing of said bill, the trustee of complainant defended as his trustee. The complainant was himself present, both in person and by attorney, and the court rendered a decree in accordance with the prayer of her bill: Held, that this adjudication was conclusive, as between the complainant and defendant, as to the validity of the title of defendant, and that the question could not be again litigated by complainant on a bill to set aside the deed to defendant.</p>