Slattery v. Stewart

Citations

• 45 Ill. 293

Syllabus

<p>1. Fraudulent conveyances—what deemed as to creditors. William T. Stewart ordered a bill of goods from Beardslee & Brothers, and on the next day sold his entire stock in trade to his father, George W., on a debt owing to him. After such transfer, the goods ordered from B. & Bros, arrived, and Geo. W. at once incorporated them into the stock, a separate bill of sale being made: Held, in an action of trespass against the sheriff, for having levied a writ of attachment, sued out by B. & Bros, against William T. Stewart, upon the stock of George W., that the sale from William T. to George W. was fraudulent as to these creditors.</p> <p>3. Officer—levying attachment writ—liability of, where goods are mixed, In such case the sheriff was not liable for having made a levy upon goods not belonging to the stock transferred by William T.; the plaintiff, George W. Stewart, having pointed out such goods as he preferred the sheriff to take, must be considered as having directed that the goods not belonging to the original stock should be taken, instead of those strictly liable to the levy, and cannot now complain.</p>