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On the merits appellants argue that Charles H. Knights at no time had any legal right, title or interest in the lands in question excepting a life estate, and that he could not have made a conveyance of the lands in fraud of appellee's marital rights for the reason that he had never had an estate of inheritance in the property either before or after his marriage to her. Equity looks through forms to the substance of a transaction, and will not permit the rights of parties to be sacrificed to the mere letter but will look to the spirit of the transaction to discover the truth. Courts of equity will not be misled by mere devices nor baffled by mere forms, but they will disregard names and penetrate disguises of form to discover the substance of an act or transaction. (10 R. C. L. 380.) By whatever method of procedure it is accomplished, there is no doubt that a transaction by which property is purchased by a debtor in the name of another to defraud his creditors may be avoided by those creditors, the property subjected to their claims and the same result obtained as if the title were actually in him. The intricacies of the machinery and the number of instruments employed in effecting the conveyance can make no difference. (12 R. C. L. 601.) With respect to her marital rights, the law affords the same protection to a. wife as to a creditor, and the wife is within the protection of the statute against conveyances made with intent to defraud. (Higgins v. Higgins, 219 Ill. 146; Blankenship v. Hall, 233 id. 116.) The situation presented by this record requires the application of the doctrine of equitable conversion. When a valid, enforceable contract has been entered into for the sale of real estate, as between the vendor and vendee equity regards the vendee as the owner of the land and the vendor as the owner of the purchase money. The vendor is regarded as the trustee of the naked legal title for the benefit of the vendee, and the vendee is the trustee of the purchase money for the benefit of the vendor. Therefore Craig, and through him Charles H. Knights, was the

equitable owner of the real estate in question after the contract of sale was entered into, in November, 1913. (Rhodes v. Meredith, 260 Ill. 138.) It has been so often said, and the authorities are so numerous, that if a prospective husband transfers his property before marriage with the intention of defrauding his intended wife of her rights of dower or any other interest which she might have as his wife in his property, such transfer is, generally, in equity held a fraud upon the marital rights of the wife, that citation of authorities see:ns unnecessary. The question is fully discussed in Jarvis v. Jarvis, 286 Ill. 478. A voluntary conveyance, such as the one now before us, made prior to a contemplated marriage by either party without the knowledge of the other is prima facie evidence of fraud on the other's marital rights. Daniher v. Daniher, 201 Ill. 489; Jones v. Jones, 281 id. 595.

Under the undisputed evidence in this record, and in conformity with the settled principles of equity, we hold that the chancellor properly held that all the transactions by which Charles H. Knights disposed of his interest in the 200-acre farm and placed the money received therefrom in the 80-acre farm in question were one continuous scheme to defraud appellee of her marital rights in her prospective husband's property.

The decree of the circuit court is affirmed.

Decree affirmed.

INDEX.

PAGE.

ABORTION.
procuring an abortion and attempting to do so are distinct
offenses-abortion and attempted abortion defined...... 98

ACTIONS AND DEFENSES.

stockholders may defend a suit against a corporation if
directors or trustees neglect to do so....

115

119

.... 120

when injured employee may bring action for negligence
against third party causing injury......
when employee of third person may maintain action for
negligence against railroad company......
when vendor in contract for sale of land can be sued only
in action at law.....
instruction as to voluntary manslaughter is not applicable
to plea of self-defense..

....

223

226

when instruction as to right of self-defense should not re-
quire "well grounded" belief in danger....

227

remedy for intentional diversion of funds levied for build-
ing purposes must be sought in equity......

290

performance of legal duty imposed upon corporation may
be compelled by mandamus-taxation..
mandamus may be allowed although another remedy is
available. ...

324

324

agent of foreign insurance corporation may be compelled
by mandamus to make return of net receipts for taxation 324
instruction as to presumption of malice from deliberate act
should not ignore defense of self-defense.....
what instruction as to self-defense tends to confuse jury. 361
section 37 of Securities act does not authorize recovery of
interest by purchaser of securities.....
when action under statute may be in assumpsit......
apparent necessity will justify self-defense-jury should
not be instructed that self-defense must be apparently
necessary from normal process of reasoning....
mandamus is proper remedy to secure building permit if
ordinance is complied with-injunction......

....

361

428

428

471

513

ACTIONS AND DEFENSES.—Continued.

when joint obligees cannot sue separately on injunction
bond. ...

when bill to enjoin threatened trespass by highway com-
missioner is properly dismissed...

....

PAGE.

526

599

ADMINISTRATION.-See EXECUTORS AND ADMINIS-

TRATORS.

direct appeal may be taken to determine validity of ap-
pointment of public administrator..

193

....

court must grant letters to public administrator under sec-
tions 18 and 46 of Administration act.....
public administrator is an officer within meaning of the
constitution-right to pass property by inheritance or by
will is a statutory right......

194

194

ordinary administrator is not a public officer-effect upon
pending estates of removal of a public administrator... 194

AGENCY.-See PRINCIPAL AND AGENT.

AMENDMENTS.

when provisions of a special act are repealed or amended
by general act ...

218

record of levy of road district taxes may be amended by
parol testimony

312

APPEALS AND ERRORS.

when cause need not be remanded to Appellate Court in
personal injury suit.....

40

when, only, will reviewing court reverse judgment of con-
viction on the evidence..........

124

Appellate Court cannot decline to review merits because

no propositions of law were submitted........
direct appeal may be taken to determine validity of ap-

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when freehold is not involved in suit to construe will..... 320
writ of error to review criminal case will be dismissed for
failure to file assignment of errors......
variance in criminal case must be objected to on the trial.. 451
a motion for continuance must be included in the bill of
exceptions. ....

532

... 551

when right to have question of liability to a money judg-
ment reviewed upon the facts is waived....
when county court does not, by appeal, acquire jurisdiction
of proceeding under section 98 of Roads and Bridges act 577

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