Ryan v. Melvin

• Citation: 14 Ill. 68,1852 WL 4395,4 Peck 68
• Court: Supreme Court of Illinois
• Decision Date: 30 November 1852
• Parties: EBENEZER Z. RYAN, Assignee, &c., Appellant,v.JOHN MELVIN et al., Appellees.

14 Ill. 68
1852 WL 4395 (Ill.)
4 Peck (IL) 68

EBENEZER Z. RYAN, Assignee, &c., Appellant,
v.
JOHN MELVIN et al., Appellees.

Supreme Court of Illinois.

November Term, 1852.

THIS was a suit in chancery, brought to set aside a conveyance alleged to be fraudulent. The bill charges, that in November, 1844, judgments were obtained in favor of the Bank of Illinois against John Melvin, on which judgments executions were issued, and returned no property found; that John Melvin, for the purpose of hindering and delaying creditors, and especially to prevent the payment of the debts on which the judgments were recovered, conveyed his real estate to his son, James Melvin, without any valuable consideration. John Melvin, in his answer, denies the fraud, and alleges that he sold the property to James Melvin for $700, which was paid.

James Melvin denies the fraud, and says, that he purchased the property of John Melvin for $700, or thereabouts; that the sale was in good faith, without fraud, &c., of any sort, on his part; and that the purchase was true, perfect, and absolute, without any conditions whatever. Replications were filed, and proofs taken. The cause was heard before DENNING, Judge, at February term, 1852, of the Gallatin Circuit Court, and the bill dismissed. The assignee of the bank brings the cause to this court by appeal.

WM. THOMAS, for appellant.

SAMUEL D. MARSHALL, for appellees.

CATON, J.

John Melvin was indebted to the bank in about the sum of two thousand dollars, upon which it commenced suits and obtained judgments in the fall of 1844. A few days after the commencement of those suits, John Melvin conveyed the premises in question to his son, James, by a deed duly executed, for the expressed consideration of seven hundred dollars, the receipt of which was acknowledged in the deed. Executions

[14 Ill. 69]

were issued upon those judgments, which were returned unsatisfied; and this bill was filed for the purpose of setting aside the conveyance of the said real estate, and subjecting it to sale for the payment of the judgments, alleging the conveyance to have been made without consideration, and that it was fraudulent and void as to the creditors of the vendor. Sworn answers were required. John Melvin answered fully, showing that the sale was bonâ fide, and for the consideration of seven hundred dollars, which was fully paid. James Melvin, denying any fraudulent intent on his part, answered, that the sale was absolute and unconditional “for seven hundred...