James H. Rice Company v. Mcjohn

244 Ill. 264 (1910)

Facts

P filed its bill of complaint against Joseph McJohn, son, and Edward McJohn, father, (Ds), charging that on September 17, 1902, P recovered a judgment against said D for $1801.60. Prior to the judgment D was the owner of certain real estate and that on September 20, 1902, an execution was issued and delivered to the sheriff. On August 7, 1902, prior to the rendition of the judgment but after the indebtedness upon which it was rendered had accrued, D conveyed the real estate to Edward McJohn for a pretended consideration of one dollar. P alleged that the conveyance was a mere sham and was made with intent to defraud complainant and other creditors out of their just demands. The court entered default and an order pro confesso against D and referred the case to the master in chancery to take the proofs and report the same, together with his conclusions as to the law and facts in the case, to the court. Eventually, The court found the deed from Joseph McJohn to Edward McJohn fraudulent and null and void as to the complainant and ordering the same set-aside and the appointment of a receiver to collect rents. The administrator of the now dead father appealed and appealed again.