Sawyer v. Moyer

Citations

• 109 Ill. 461

Syllabus

<p>1. Evidence—defence at law—not availing on creditor’s hilt—to impeach the judgment sought to be enforced. On creditor’s bill to set aside certain conveyances of land made by the debtor as in fraud of creditors, evidence tending to show that the debtor had been overreached in the transaction out of which the indebtedness was created, and induced to contract the debts upon which the judgments were recovered, by false representations made by some of the complainants, is not admissible. Whatever defence, if any, existed, should have been made in the actions at law.</p> <p>2. Same—burden. On creditor’s bill to set aside certain conveyances of the debtor, and from his grantees, as made in fraud of creditors, the burden of proving that the conveyances are fraudulent, and were made with intent to hinder and delay the creditors of the grantor, rests upon the complainants.</p> <p>3. Same—calling adverse party to testify—his entire testimony, favorable or unfavorable, to be considered. Complainants, in a creditor’s bill seeking to set aside certain conveyances of their debtor as fraudulent, called the defendants, who all testified that the sales were in good faith, for a valuable consideration, which was fully paid, but their answers as to where they obtained the money with which to make the purchases were very unsatisfactory. Aside from their testimony there was no evidence tending to impeach the conveyances in any considerable degree, and it was insisted they ought not to be believed: Held, that if their testimony should be received, that which made for them as well as that which was against them must be considered, and that the complainants were not entitled to the relief sought.</p>