Zimmerman v. Willard

Citations

• 114 Ill. 364
• 2 N.E. 70

Syllabus

<p>1. Pleading—as to mere matters of evidence. It is not proper for a pleader to plead mere matters of evidence in any case.</p> <p>2. Same—alleging fraud in deed of assignment for benefit of creditors To an interpleader by an assignee for the benefit of creditors, filed in a suit by attachment against the assignor and another, who were sued as partners, claiming the property attached and the debts garnisheed as having passed under the assignment for creditors, the attaching creditor replied that the deed of assignment “was executed, made, had and contrived by the said! grantor therein, of his fraud and covin, with the intent and purpose to delay, hinder and defraud his creditors, ” etc. The court sustained a demurrer to-the replication: Held, that the replication was good in both substance and form. The pleading was not obnoxious to the objection that it stated the-mere conclusion of the pleader, and not the facts constituting the fraud. The making of the deed of assignment, and the fraudulent intent, were the-two facts essential to the defence, and they were distinctly averred.</p> <p>3. Assignment for the benefit of creditors—of the place where-deed may be acknowledged—the statute construed. A deed of assignment, by a failing debtor to assignees, for the benefit of creditors, is not required by the statute to be acknowledged in the county where the grantor resides, but must be there recorded. The words in the first section of the act of 1877, that “every assignment shall be duly acknowledged and recorded in the county where the person or persons making the same reside, ” do not require the deed to be acknowledged at the county of the grantor’s residence. There should be a comma after the word “acknowledged. ”</p> <p>4. Same—sufficiency of certificate of acknowledgment. A certificate of the acknowledgment of a deed by a debtor, of his lands, etc., for the benefit of creditors, which stated that the grantor was personally known to the officer, and that he appeared