Tunison v. Chamblin

Citations

• 88 Ill. 378

Syllabus

<p>1. Error—granting of temporary injunction can not be assigned for error. The granting of a temporary injunction in a cause can not be assigned for error.</p> <p>2. Chancery—proper evidence, only, considered. In chancery cases, the court considers the proper evidence before it, and determines from that alone; and this court will presume that a decree is based upon such evidence, without regard to such as is improper or irrelevant.* </p> <p>3. Fraudulent conveyance—advancement by a debtor to his child. Where a father is insolvent, he can not make an advancement to a minor son in fraud of his creditors. A debtor, while embarrassed and unable to pay his debts, can not give away his property to the injury of his creditors, and if he does so, it will be a fraud upon their rights, and they may reach it and subject it to the payment of their debts. In such a case, it is not necessary that the grantee shall consent to, or know, that the grantor intended to perpetrate a fraud, as he takes as a volunteer.</p> <p>4. Same—when gift is void—pre-existing and subsequent creditors. Where a father, in failing circumstances, enters land in his minor son’s name, only creditors at the time such fraud is committed can avoid the conveyance, unless it be shown that the act was made in anticipation of incurring debts, to avoid the payment of which the conveyance was made.† </p> <p>5. Same—presumption as to date of indebtedness. Where an entry of lands by a father, in the name of his minor son, is sought to be avoided by creditors of the father, it will not be presumed that the debts existed at the time of the transaction, in the absence of proof to that effect.</p> <p>6. Deed—of minor. Deeds made by a minor are not void, but only voidable. Their validity does not depend upon a ratification after the minor attains his majority, but to avoid them he must, by some act clear and unmistakable in its character, disaffirm their validity.</p> <p>7. Same—what acts avoid minor's deed. Notice by a