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159 Ill. 212

Brown v. Stewart

Illinois Supreme Court

Decided January 17, 1896

Illinois Supreme Court · decided 1896-01-17

Jefferson Orr, Judge, presiding. Appellants filed a bill to set aside a deed made by their father in his life, of date February 10, 1894, conveying to two of appellees 680 acres of land in Pulton… Held: and they (the creditors) insisted that Jacob Brown and Wilcoxen make individual assignments or “turn all their property over for the benefit of their creditors.” Thomas Brown was acting for his ■ father, who was not well and unable to leave his farm.

Cited by 3 later decisions — most recently October 1899

3 state decisions

Relies on Coari v. Olsen

Good law ✅— No negative treatment on recordhow we know

Decree affirmed · Decided 1896-01-17

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Mr. Justice Phillips

¶1delivered the opinion of the court:

¶2Under the evidence there is no equity with appellants. The conveyance sought to- be set aside was the transfer of property to pay debts for which the grantor was liable. Process of law would have effected a transfer from the grantor, by which he and the appellants would have lost the land. The evidence as to the mental capacity of the grantor at the time of the execution of the deed was taken before the court as oral evidence, and is conflicting, but we are of opinion it preponderates to sustain this decree. The rule is, in chancery cases, where the evidence is conflicting and witnesses are heard in open court, the same necessity exists as when there has been a trial by jury that the error in the findings of fact shall be clear and palpable to authorize a reversal. Coari v. Olsen, 91 Ill. 273; Johnson v. Johnson, 125 id. 510 ; Rackley v. Rackley, 151 id. 332.

¶3The decree is affirmed.

Decree affirmed.
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