Opinion
Gen. No. 43,284. (Abstract of Decision.)
Opinion filed March 26, 1945
FRAUDULENT CONVEYANCES, § 179 — when conveyances in fraud of judgment creditors. Upon complaint by plaintiff seeking to set aside as fraudulent two conveyances encumbering and transferring title of real property of defendant judgment debtor, where complaint alleged that plaintiff obtained judgment for personal injuries on defendant's property, and execution was returned unsatisfied, and that after injury, defendant and others entered into conspiracy to fraudulently and secretly dispose of defendant's property, where no evidence was offered as to financial condition of defendant at time of alleged fraudulent conveyances, held that trial court rightly dismissed complaint for want of equity, as it was incumbent upon plaintiff to prove that at time of conveyances defendant was either insolvent or that result of conveyances was to hinder or delay creditors, and return of execution unsatisfied in 1942 established prima facie insolvency of defendant at that time, but it was not evidence of financial condition almost five years before when conveyances were made.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. ULYSSES S. SCHWARTZ, Judge, presiding.
Affirmed. Heard in the first division, first district, this court at the December term, 1944.
John O. Wagner, for appellant;
Stacy W. Osgood, for appellees.
Not to be published in full. Opinion filed March 26, 1945; released for publication April 11, 1945.