McKinney, Gilmore & Co. v. Farmers' National Bank
This text of 104 Ill. 180 (McKinney, Gilmore & Co. v. Farmers' National Bank) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
delivered the opinion of the Court:
The statute says such fraudulent conveyances shall be held void as against creditors. Creditors have the right to treat such conveyances as void. The moment appellees levied their attachments specially upon these lands, as the property of Patterson, their election to treat the former conveyances as void was declared, and such attachments became a lien against the lands with the same effect as if the fraudulent conveyances by Patterson had never been made. It follows that afterwards, when appellants applied to the court of chancery to set aside these conveyances, they did not disturb the prior lien of appellees. The interest of Patterson in this land had been discovered by appellees, and seized long before the filing of the bill of appellants. Appellants surely have no ground to . complain of this decree. The appellees have, much better grounds for claiming priority than appellants.
The judgment of the Appellate Court is therefore affirmed.
Judgment affirmed.
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Cite This Page — Counsel Stack
104 Ill. 180, 1882 Ill. LEXIS 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckinney-gilmore-co-v-farmers-national-bank-ill-1882.