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63 Ill. 512

Harmon v. Harmon

Illinois Supreme Court

Decided June 15, 1872

Illinois Supreme Court · decided 1872-06-15

Silas L. Bryan, Judge, presiding. This was an action of trover, brought by the appellee in her representative capacity as administratrix of the estate of Absalom Harmon, deceased, against appellant, for the conversion of certain articles of personal property alleged to have belonged to the deceased.

Cited by 1 later decisions — most recently December 1885

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1872-06-15

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Mr. Justice Breese

¶1delivered the opinion of the Court:

¶2The points presented by this record are few and simple. It is a well settled principle that as between the parties to a fraudulent conveyance the deed is Adalid and binding. It is only creditors who can question the fairness of the transaction. Ward v. Enders, 29. Ill. 519. Was the party appellee represents in full life, he could not maintain this action, if the deed under which appellant claims was voluntary and without any consideration, and we have been referred to no principle or decided cases holding the contrary.

¶3It is true the statute requires an executor or administrator to collect and sell the chattels of the deceased, to pay his debts. There is no pretense in this case there were existing creditors of the intestate at the time the bill of sale was executed.

¶4In the absence of intention to defraud creditors, the bill of sale is binding as well on the representatives of the intestate as upon the intestate himself.

¶5There is no ground for this action. A bill in equity properly framed might reach the object appellee has in view.

¶6The judgment is reversed and the cause remanded.

¶7Judgment reversed.

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