Jones v. Williams, 185 Ill. App. 499 (1914)

March 26, 1914 · Illinois Appellate Court · Gen. No. 18,899
185 Ill. App. 499

William F. Jones, Appellee, v. Joseph Edward Williams, Appellant.

Gen. No. 18,899.

(Mot to he reported in full.)

Appeal from the Superior Court of Cook county; in Hon. Chables A. McDonald, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1912.

Reversed and remanded.

Opinion filed March 26, 1914.

Rehearing denied April 9, 1914.

*500Abstract of the Decision.

1. Judgment, § 379 * —what constitutes a collateral attack, on judgment of Probate Court. On a bill by the holder of a judgment recovered in the Probate Court against the estate of defendant’s mother, to set aside as fraudulent a conveyance from decedent to defendant, an account filed in the Probate Court by decedent, as executrix of her husband’s estate, tending to show payment before the recovery of complainant’s judgment, is inadmissible as a collateral attack on the judgment.

2. Equity, § 479 * -—when decree must conform to prayer. The decree must conform to the prayer of the bill.

3. Fraudulent conveyances, § 300 * —when decree erroneous as not conforming to prayer of bill. Where in a suit to set aside a conveyance as fraudulent the prayer of the bill was that the conveyance be set aside “as to the orator,” a decree declaring the conveyance void in toto is erroneous.

Statement of the Case.

Bill in equity by William F. Jones against Joseph Edward Williams to set aside a conveyance to defendant as fraudulent. From a decree setting aside the conveyance in toto, defendant appeals.

Edward H. Kubitz, for appellant.

J. M. Camelon, for appellee.

Mr. Justice Scanlan

delivered the opinion of the court.