Maghee v. Robinson (98 Ill. 458, 1881)

Mr. Justice Scott

delivered the opinion of the Court:

The original bill in this case was exhibited by Gillison Maghee, in the circuit court of Saline county, at the April term, 1864, against Jo Robinson, George B. Groves, and other persons, some of whom had no personal interest in the subject of litigation, but who, by reason of their official positions, were necessary parties. It is set forth in the bill, the firm of J. H. Maghee & Co., of which firm complainant was a member, at the January term, 1859, of the Circuit Court of the United States for the Southern District of Illinois, recovered a judgment against Jo Robinson and others for the sum of $5917.53, and at the June term, 1859, of that court, they recovered another judgment against Robinson and others for the sum of $2153.25. It is alleged, these judgments became a lien on the lands of Robinson and the other defendants, and that, by virtue of executions issued on such judgments, the lands involved in this litigation were sold by the marshal as the property of Robinson, and were purchased by complainant. The lands so sold were not redeemed from such sale, and afterwards the marshal executed and delivered to complainant, deeds for these lands, purporting to convey to him the interest Robinson had in such lands. It is also set forth, the lands "were originally swamp lands, belonging to the county of Saline; that Robinson bought of the county the lands particularly described in an exhibit attached to the bill, and received from the commissioner making the sale on behalf of the county, the usual certificate of purchase, which would entitle him to a deed on payment of the balance of the purchase money, and in like manner that Robinson and R. M. Hundly bought of the county the lands described in another exhibit, each party having an undivided one-half interest in such lands.

It is charged, that at the time of the rendering of such judgments Robinson was the sole owner of the lands bought by him, and was the owner of an undivided one-half interest in the lands so purchased in connection with Hundly. In 1862 the duplicate certificates of purchase issued to Robinson and to Robinson and Hundly for these lands, were filed in the office of the circuit clerk of Saline county, having assignments thereon from Robinson to George B. Groves, which assignments purported to convey all the interest Robinson had in the lands embraced in the certificates issued to him as well as in those embraced in the certificates issued to him and Hundly, and to authorize the proper officers to execute and deliver to the assignee deeds for the same. It is further alleged, application had been made on behalf of Groves to the county clerk of Saline county for the execution of deeds on such certificates.

The bill contains an allegation that the assignments of the certificates of jiurchase were not made on the day of the date they purport to have been made, but were made subsequent to the rendering of such judgments, with the fraudulent intent to defraud the firm of Maghee