Scripps v. King

Citations

• 103 Ill. 469
• 1882 Ill. LEXIS 202

Syllabus

<p>1. Creditor’s bill—to set aside fraudulent conveyance. A creditor having no lien must reduce his claim to a judgment before he can maintain a bill in equity to subject property fraudulently conveyed to its payment. If the claim is against an insolvent estate, he must first have it allowed against the estate before he can avoid a fraudulent conveyance,—in other words, he must exhaust his legal remedies.</p> <p>2. Where there has been a fraudulent conveyance to hinder and delay creditors, and a claim against the grantor has been reduced to a judgment, so as to become an equitable lien on the property, a court of chancery may afford relief under section 49 of the Chancery act.</p>