FRAUDULENT CONVEYANCE, § 198 — when evidence did not establish conveyance between brother and sister as fraudulent. Creditor's bill by assignee of judgments seeking to have warranty deed from brother and his wife to his sister set aside, and improved property thereby conveyed subjected to payment of judgments entered against grantors in suit to enforce constitutional liability of bank stockholders, would be dismissed, where evidence showed that receiver operating bank after it closed said that everyone would be paid 100 cents on dollar, and one of grantors testified that at time of transaction he was unaware of any liability on part of bank stockholders, that grantors, who remained in possession after conveyance, and grantee, were represented by lawyer who was familiar with real estate values in neighborhood and who estimated value of property when transferred to be about $5,000, and that grantee paid about $1,250 cash and assumed $2,500 indebtedness which she arranged to have extended on two occasions and which was fully paid by her. (NIEMEYER, J., dissenting.)
See Callaghan's Illinois Digest, same topic and section number.
Opinion by PRESIDING JUSTICE O'CONNOR.
Not to be published in full. Opinion filed January 6, 1947; released for publication January 20, 1947.