Songer v. Partridge

Citations

• 107 Ill. 529
• 1883 Ill. LEXIS 292

Syllabus

<p>1. Fraudulent conveyance— binding between the parties. Where one person conveys property to another with intent to defraud creditors, a court óf equity will not aid the grantor to regain the property so placed beyond his control, but, as a general rule, will leave the parties in the position in which they have voluntarily placed themselves.</p> <p>2. Same—when subsequent contract to reconvey may be enforced. Although a conveyance of land is made which is fraudulent, in law, as to creditors of the grantor, and which is set aside at the instance of his creditors in a proceeding in bankruptcy, yet, where the grantor, after paying all his debts and obtaining his discharge, surrenders to his grantee the notes given by him, and the latter, in consideration of such surrender, relinquishes all his right, title and interest in the premises under the conveyance, which, by agreement, is to be cancelled, the latter agreement may be enforced in equity, as the transfer of the property is purged of the fraud, and the new contract is founded on a valid consideration.</p>