{
  "id": 2886509,
  "name": "First National Bank of Paxton, Illinois, Appellee, v. James H. Snelling et al., Appellants; Victor T. Brassard, Appellee, v. James H. Snelling et al., Appellants",
  "name_abbreviation": "First National Bank of Paxton v. Snelling",
  "decision_date": "1915-04-16",
  "docket_number": "",
  "first_page": "565",
  "last_page": "568",
  "citations": [
    {
      "type": "official",
      "cite": "193 Ill. App. 565"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 423,
    "char_count": 6929,
    "ocr_confidence": 0.53,
    "sha256": "befee301ccfbc93036020b4d78b0b46c6df629eb59aaafa75a4d0182c48fc1a6",
    "simhash": "1:a25c25d55ab6f6aa",
    "word_count": 1184
  },
  "last_updated": "2023-07-14T21:10:43.610055+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "First National Bank of Paxton, Illinois, Appellee, v. James H. Snelling et al., Appellants. Victor T. Brassard, Appellee, v. James H. Snelling et al., Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Scholfield\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Scholfield"
      }
    ],
    "attorneys": [
      "Schneider & Schneider, for appellants; King, Brower & Hurlbut, of counsel.",
      "Cloud & Thompson and E. P. Harney, for appellees."
    ],
    "corrections": "",
    "head_matter": "First National Bank of Paxton, Illinois, Appellee, v. James H. Snelling et al., Appellants. Victor T. Brassard, Appellee, v. James H. Snelling et al., Appellants.\n(Not to Tbe reported in full.)\nAppeal from the Circuit Court of Ford county; the Hon. George W. Patton, Judge, presiding. Certiorari denied by Supreme Court (making opinion final).\nHeard in this court at the October term, 1914. Rehearing denied May 26, 1915.\nAffirmed.\nOpinion filed April 16, 1915.\nStatement of tlie Case.\nThe complainants, the First National Bank of Paxton, Illinois and Victor T. Brassard, respectively and separately filed their bills against the defendants in aid of executions issued on judgments which they had respectively and separately recovered against the defendant James H. Snelling. By agreement the suits were consolidated and heard as one case and one decree entered in favor of the complainants, from which the defendants James H. Snelling and Frances E. Snelling appeal.\nThe evidence tended to show that after incurring the indebtedness on which the judgments were obtained, that the defendant James H. Snelling conveyed his farm to Levi W. Rood, who in turn conveyed it to Frances E. Snelling, the wife of James H. Snelling. Frances E. Snelling contended that the deed was given her in consideration of money received by her from her father\u2019s estate and loaned her husband many years before.\nThe defendants claimed in their answer to the Brassard bill that the notes on which he (Brassard) recovered judgment against Snelling, Williams and Stewart were void and without consideration as against James H. 'Snelling; that Snelling signed the notes merely as accommodation maker, and that the real makers thereof were Williams and Stewart; that Sneliing was by-fraud and misrepresentation induced by Williams and Stewart to sign the same upon their fraudulent representation .that there was a mortgage of $12,000 upon the property which Sneliing had purchased or traded for in Chicago, whereas in truth there was but a mortgage of $9,000 on said property; that Sneliing signed said notes with the understanding and agreement that there was a $12,000 mortgage on said property; that said Stewart and Williams and one Jesse M. Brown sold to Brassard the notes in question, and that Brassard was informed and well knew at the time of the purchase of said notes that Sneliing had signed same without any consideration; and that in consequence thereof, appellee Brassard required the said Jesse M. Brown to guaranty the note by indorsement thereon before Brassard would or did purchase the same.\nThe appellants claimed that the evidence did not sustain the allegations of the bill and do not warrant the finding in the decree.\nThe evidence showed that James H. Sneliing was a farmer. That in 1877 he bought the Southwest Quarter of Section 11 in Township 24 North, Range 9 East of the Third Principal Meridian, in Ford County, for $4,300; that the first payment on the land was $2,000, which he borrowed from his father; that in October, 1885, Sneliing and his wife bought the southeast quarter of the same section, taking title thereto in their joint names, and entered into the possession and enjoyment of the same, as tenants in common; that the quarter section bought by Sneliing, and Snelling\u2019s undivided one-half of this quarter section so jointly purchased, is the land here in the controversy; that the purchase price of this last quarter section was paid by money which \u201ccame from the income of the S. W. 14 of Section 11;\u201d that in September, 1883, Frances E. Sneliing realized $6,000 from the sale of certain land which she had received from her father\u2019s estate; that this money was put into a bank and was drawn out as needed, part for building, part in paying off mortgages and the remainder for improvements and other things.\nThe record does not disclose that the money was loaned by Mrs. Snelling to Mr. Snelling. No note was given for it by Snelling to his wife, no mention was made that its use created an. indebtedness from him to her, no book entry was made of the same by either as a credit or a debit, no promise was made to repay it or request made for its repayment, no interest on it was ever mentioned, no accounting rel\u00e1tive to it was ever had between the parties, until the twenty-eight years after its use, when they met at the house of a mutual friend, Rood, in La Salle county, accompanied by the attorney employed by Snelling at the suggestion of Rood, and whose employment was expressly for the purpose of aiding Snelling to extricate himself from his financial entanglement, resulting from an unfortunate trade for incumbered Chicago flat property; that on February 20, 1908, Snelling and wife, and each in his or her right, and as husband and wife, mortgaged the whole half section for $20,000 at six per cent, interest .payable semiannually, and evidenced by one principal note of $20,000, and ten interest notes of $600 each, signed by both; that about March 1, 1910, Rood paid Mrs. Snelling $4,872, which was her portion of the final distribution of her father\u2019s estate realized from a sale to R-ood of what remained from her father\u2019s real estate; that was not loaned by her to her husband; that $1,872 of it was spent on the farm at different times, part for taxes and part in paying interest on the $20,000 mortgage and in putting improvements on the farm.\nSchneider & Schneider, for appellants; King, Brower & Hurlbut, of counsel.\nCloud & Thompson and E. P. Harney, for appellees.\nAbstract of the Decision.\n1. Husband and wife, \u00a7 57 \u2014when conveyance from husband to wife valid against creditors. A wife may loan her separate property to her husband, for which he may give her security which will be valid as against both his existing and subsequent creditors.\n2. Husband and wife, \u00a7 45*\u2014when loan by wife to husband gives priority over creditors. The mere fact that a wife lets her husband have her money to use is not sufficient to give her priority over his creditors.\n3. Husband and wife, \u00a7 45*\u2014when promise of husband to repay wife for loan presumed. When the rights of creditors are involved the law will not imply a promise to repay from the delivery hy a wife of her money to her husband, hut an express promise must be shown or proof given that they dealt with each other as debtor and creditor.\n4. Husband and wife, \u00a7 57*\u2014when use of wife\u2019s money good consideration for deed. The use by a husband of his wife\u2019s money held not a sufficient consideration as against his creditors for a conveyance of his property to her.\n5. Bills and notes, \u00a7 448*\u2014sufficiency of evidence to show acquisition of note in good faith. The evidence held sufficient to show that a purchaser acquired a note in good faith and on a sufficient consideration.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0565-01",
  "first_page_order": 587,
  "last_page_order": 590
}