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Lasha v. Benham

Supreme Court of Illinois
Dec 22, 1933
188 N.E. 457 (Ill. 1933)

Opinion

No. 22024. Cause transferred.

Opinion filed December 22, 1933.

APPEAL from the Circuit Court of Boone county; the Hon. ARTHUR E. FISHER, Judge, presiding.

C.A. PEDDERSON, for appellants.

WILLIAM BIESTER, for appellee.


Albert LaSha, appellee, filed a bill of complaint in the circuit court of Boone county against Albert W. Benham, Florence L. Benham and the Blackhawk Finance Corporation, appellants, to set aside a conveyance of certain real estate from the Benhams to the corporation on the ground that the deed was in fraud of the rights of creditors. The bill particularly sought to subject the property to the lien of a judgment in favor of appellee against Albert W. Benham. A decree was entered in accordance with the prayer of the bill. An appeal is prosecuted to this court.

A bill seeking to set aside a fraudulent conveyance and subject lands to sale for payment of a judgment does not involve a freehold so as to authorize a direct appeal to this court. The Appellate Court has jurisdiction of such proceedings. Biggins v. Lambert, 204 Ill. 142; Moshier v. Reynolds, 155 id. 72.

The cause is transferred to the Appellate Court for the Second District.

Cause transferred.


Summaries of

Lasha v. Benham

Supreme Court of Illinois
Dec 22, 1933
188 N.E. 457 (Ill. 1933)
Case details for

Lasha v. Benham

Case Details

Full title:LLOYD LASHA, Appellee, vs. ALBERT W. BENHAM et al. Appellants

Court:Supreme Court of Illinois

Date published: Dec 22, 1933

Citations

188 N.E. 457 (Ill. 1933)
188 N.E. 457

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