delivered the opinion of the court.
Smith v. Knemoeller, 204 Ill. App. 606 (1917)
April 16, 1917
·
Illinois Appellate Court
204 Ill. App. 606
S. O. Smith and T. H. Cherry, Trustees, Appellees, v. H. W. Knemoeller, Sheriff, Appellant.
(Not to be reported in full.)
Appeal from the County Court of Macoupin county; the Hon. Andbew J. Duggan, Judge, presiding. Heard in this court at the October term, 1916.
Reversed and remanded with directions.
Opinion filed April 16, 1917.
Statement of the Case.
Action in replevin by S. 0. Smith and T. H. Cherry, trustees for the People’s Bank of Girard, plaintiffs, against H. W. Knemoeller, sheriff, defendant, to recover certain horses and a heifer levied upon as the property of and taken from the possession of Fred Holtje, under an execution issued upon a judgment *607against him. From a judgment for plaintiffs, defendant appeals.
Abstract of the Decision.
1. Fraudulent conveyances, § 124 * —when retention of possession renders sale invalid. A sale of chattels, where possession remains with the vendor, is fraudulent per se and void as to creditors where the property is of such a nature that possession can be taken from the vendor and removed at the time of the sale.
2. Fraudulent conveyances, § 3*—what constitutes as to creditors. There is no difference in effect between a sale made with actual intent to defraud creditors and one fraudulent by operation of law.
3. Fraudulent conveyances, § 3*—when notice of sale not binding on creditors. Notice of a sale made with actual intent to defraud creditors or of one fraudulent by operation of law is only notice of an illegal transaction and not binding upon a creditor.
Truman A. Snell and Victor Hemphill, for appellant.
Jesse Peebles, for appellees.