Treadwell v. McEwen

Citations

• 123 Ill. 253
• 13 N.E. 850

Syllabus

<p>1. Fraudulent conveyance—participation in the fraudulent intent by the grantee—evidence thereof. Direct and positive evidence that the grantee of property is guilty of participation in the fraudulent intent of the grantor in making the sale to defraud creditors, is not required in order to avoid the sale. Fraud on the part of the grantee or purchaser may be shown by facts and circumstances from which it may be inferred.</p> <p>2. Same—the particular case. A father made a sale of all his personal estate liable to execution, to his son, aged about twenty-three years, and two days afterward conveyed to him his farm of one hundred and forty-nine acres, subject to the homestead right, for the avowed purpose of defrauding his creditors. The son, at the time, had but little money or property, and was single, and resided with his parents on the place, who continued on the same for about a year thereafter. He paid nothing on the personal estate, but was to pay the incumbrances thereon. The father afterward conveyed him the homestead right in the farm, and the son claimed to have paid §250 in wages due him from the father, and $1200 in money, all of which he derived from the use of the property so conveyed to him. He knew of his father’s indebtedness, and that he was divesting himself of all his property: Held, that the facts and circumstances, and the relation and situation of the parties, justified a decree finding that the son received the conveyances knowingly, in aid of the fraudulent purpose of his father.</p>