{
  "id": 5822991,
  "name": "First National Bank of Vienna, Illinois, Appellant, v. John T. Wilhelm et al., Appellees",
  "name_abbreviation": "First National Bank v. Wilhelm",
  "decision_date": "1918-04-05",
  "docket_number": "",
  "first_page": "600",
  "last_page": "601",
  "citations": [
    {
      "type": "official",
      "cite": "210 Ill. App. 600"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 200,
    "char_count": 3135,
    "ocr_confidence": 0.522,
    "sha256": "9d601decbc6814c2f9c90d3893be6746a74c50f1659d75f513e6312f30a22ca8",
    "simhash": "1:1317e5201ea8f000",
    "word_count": 538
  },
  "last_updated": "2023-07-14T16:15:15.348169+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "First National Bank of Vienna, Illinois, Appellant, v. John T. Wilhelm et al., Appellees."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Boggs\ndelivered the opinion of the court.\n2. Creditors\u2019 suit, \u00a7 56 \u2014when shown that quitclaim deed by husband to wife was not made to hinder, delay and defraud creditors of husband. On a creditor\u2019s bill by creditors of a husband to subject to payment of judgments against him land quitclaimed by both husband and wife to the latter before the rendition of such judgments, evidence held sufficient to show that although a deed was made by heirs of the estate of the wife\u2019s father, in the course of a partition of the estate in the name of the husband, it was the intention of the parties that the fee should rest in the wife and that a subsequent quitclaim deed made by the husband and wife to the latter before the rendition of judgments against the husband was not made to hinder, delay and defraud creditors, but was made to effectuate such intention.\n\u25a03. Equity, \u00a7 313*\u2014what is weight and effect of sworn answer. Where a sworn answer is required and filed denying the material allegations of a bill, it is evidence for the defendant of such force that the complainant can have no decree against him until the same is disproved by evidence amounting to that of one witness and in addition thereto a preponderance of proofs sufficient to have sustained the bill if the oath to the answer had been waived.\n4. Equity, \u00a7 313*-\u2014when evidence is insufficient to overcome sworn answer. On a creditor\u2019s bill to subject to the husband\u2019s debts, land conveyed by a husband and wife to the latter, evidence held insufficient to overcome the sworn answer of the defendants.",
        "type": "majority",
        "author": "Mr. Presiding Justice Boggs"
      }
    ],
    "attorneys": [
      "Cowan & Huffman and Mansfield & Cowan, for appellant.",
      "O. B. Morgan and A. E. Somers, for appellees."
    ],
    "corrections": "",
    "head_matter": "First National Bank of Vienna, Illinois, Appellant, v. John T. Wilhelm et al., Appellees.\n(Not to he reported in full.)\nAbstract of the Decision.\n1. Creditors\u2019 suit, \u00a7 56 \u2014when shown that wife acquired title to property through partition of father's estate. On a creditor\u2019s bill by creditors of a husband to subject to payment of judgments against him land quitclaimed by both husband and wife, to the latter before the rendition of such judgments, evidence held sufficient to show that the wife acquired title to the land by inheritance from her father and through a conveyance from her brothers in a partition of her father\u2019s estate by the heirs.\nAppeal from the Circuit Court of Johnson county; the Hon. William N. Butler, Judge, presiding.\nHeard in this court at the October term, 1917.\nAffirmed.\nOpinion filed April 5, 1918.\nStatement of the Case.\nCreditor\u2019s bill by the First National Bank of Vienna, Illinois, and the Farmers\u2019 and Merchants\u2019 State Bank of Cypress, Illinois, complainants, against John T. Wilhelm and others, defendants, to set aside a deed executed by John T. Wilhelm and Mary F. Wilhelm, his wife, to Mary F. Wilhelm. From a judgment dismissing the bill for want of equity, complainant First National Bank of Vienna appeals.\nCowan & Huffman and Mansfield & Cowan, for appellant.\nO. B. Morgan and A. E. Somers, for appellees.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0600-01",
  "first_page_order": 626,
  "last_page_order": 627
}
