Shufeldt v. Boehm

Citations

• 96 Ill. 560
• 1880 Ill. LEXIS 69

Syllabus

<p>^ Chancery jurisdiction—enjoining sale under execution at the suit of another creditor. A court of equity will not entertain jurisdiction of a bill by a creditor, whose debt is merely a legal one, to enjoin the sale of the goods of his debtor under an execution against him, upon the ground that the execution issued upon a judgment fraudulently confessed by the debtor in favor of one to whom b® was not indebted at the time, where the complainant has not obtained judgment vpon his demand, even though not due. In such a case the complainant must first establish his demand at law before he can impeach the bona fides of the judgment, execution and levy upon his debtors’ goods.</p> <p>2. Same—creditor’s bill to remove fraudulent incumbrance. When the creditor seeks to remove a fraudulent incumbrance or conveyance out of the way of his execution, he may file his bill as soon as he obtains his judgment at law.</p>