Wilson v. Aaron

Citations

• 132 Ill. 238
• 23 N.E. 1037

Syllabus

<p>1. Insolvent debtors—jurisdiction, of county court. Where a voluntary assignment of a debtor for the benefit of his creditors is properly executed, acknowledged, and recorded in the office of the county clerk, and the assignee accepts the trust, files his bond and an inventory of the property, and takes possession of the property and advertises it for sale, the county court will have acquired complete jurisdiction of the property and estate assigned.</p> <p>2. And when a voluntary assignment is made under the statute of 1877, and the property assigned has passed into the possession of the assignee, such property is thereby brought within the jurisdiction and under the administrative control of the county court, and that court will be invested with ample power and jurisdiction, concurrent in dignity with that of any other court, to direct and control the disposition to be made of such property, and, in the exercise of such power, to adjudicate upon the conflicting legal rights of claimants of the same arising in that court.</p> <p>3. Same—in case of levy of execution—after county court has acquired jurisdiction. After the county court has acquired jurisdiction of the insolvent’s estate under an assignment, the sheriff will have no right to levy an execution issued from another court upon it. If the assignment is void for fraud, or for any other cause, or a party has a prior lien on the property which he wishes to assert, it is his duty to go before the county court and there seek relief. In case of a levy on the property, that court may order the sheriff to return the property to the assignee.</p> <p>4. Same—jurisdiction in chancery—for what purpose—and at what time. What has been said in reference to the jurisdiction of the county court can have no bearing where a bill in equity is filed, in a proper case, to impeach or set aside a voluntary assignment, before the county court has acquired complete jurisdiction of the assignment.</p>