Phillips v. North

Citations

• 77 Ill. 243

Syllabus

<p>1. Fraudulent conveyance—ns to subsequent creditors. Where a husband and wife convey land, the title t.o which is in the husband, to a third party, who convej's the same to the wife, it will not, in the absence of proof of fraud in fact, be deemed fraudulent in law as to subsequent creditors of the husband. .</p> <p>2. Same—having property equitably belonging to wife conveyed, to her. Where a husband exchanged a lot belonging to his wile for other lots, but took the deeds therefor to himself without his wife’s consent, and afterwards, at her request, they both conveyed them back to the original owner, and had him convey the same to the wife: Held, in the absence of proof of an intention to defraud creditors, or that the arrangement was entered into with a view of incurring debts intending not to ¡tay them, that the law would not infer fraud from these facts.</p>