Steere v. Hoagland

Citations

• 39 Ill. 264

Syllabus

<p>1. Creditors’ bills—in what cases may be filed, when execution has not issued. As a general rule, there must he a judgment, and an execution returned unsatisfied, before a-creditor’s bill ivill he entertained; hut there are exceptions to this rule. In proceedings against insolvent estates, an execution is not essential to give the court jurisdiction, and under our statute an execution cannot issue against an administrator so as to reach personal assets. In such cases, a resort to equity may he had without suing out execution.</p> <p>2. Chancery—may be resorted to in the first instance, when the fund cannot be reached at law. When a fund cannot he reached at law, and is only accessible to a court of chancery, and the debtor is dead, creditors may resort to equity in the first instance; and especially so when the estate is insolvent.</p> <p>3. Creditor’s bill—will not lie in State court, on a judgment obtained in the federal court. A judgment obtained in the United States court, being the adjudication of the court of another jurisdiction, our courts will not recognize such proceedings, as the basis upon which to afford relief.</p> <p>4. Same—will lie on justice's judgment. A justice’s judgment is a sufficient foundation for a creditor’s bill, if the amount is large enough to confer jurisdiction on the court.</p> <p>5. Sale. When A claimed to have sold a stock of goods to B, and the proof was, that such purchase was n'ot an absolute one, but that B simply became a partner, and secretly held two-thirds of the stock in trust for A and his partner; held, that such sale was fraudulent, and designed to hinder and delay creditors in the collection of their demands.</p>