Wiegleb v. Thomsen

Citations

• 102 Ill. 156
• 1882 Ill. LEXIS 14

Syllabus

<p>1. Bankruptcy&emdash;sale of lamd by assignee&emdash;what title passes. By a sale and conveyance of land by an assignee in bankruptcy, the purchaser succeeds to whatever interest the assignee had in the property sold, and nothing more.</p> <p>2. Same—sale prior to bankruptcy—rights of purchaser as against conveyance by the assignee. A purchase of real estate from a person on the eve of his bankruptcy, if made in good faith and for a valuable consideration, will not be set aside at the suit of a purchaser at the assignee’s sale of the same premises, in bankruptcy, merely upon proof that the prior sale was made by the bankrupt in contemplation of his bankruptcy, and in fraud of the Bankrupt law.</p> <p>3. Practice—reversing on facts found in chancery suit. It is only when this court is able to see that the decree of the court below is clearly against the weight of the evidence, that it will reverse upon a mere controverted question of fact.</p>