Brundage v. Cheneworth
Supreme Court of Iowa
Appeal from Sioux District Court. — Hon. Soott M. Ladd, Judge. This is an action in the nature of a creditors’ bill, to set aside an alleged fraudulent conveyance, and subject certain real estate to the payment of a judgment obtained by plaintiff against one Solomon Percey.
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Appeal from Sioux District Court. — Hon. Soott M. Ladd, Judge. This is an action in the nature of a creditors’ bill, to set aside an alleged fraudulent conveyance, and subject certain real estate to the payment of a judgment obtained by plaintiff against one Solomon Percey. The judgment was rendered in April, 1894. In 1878, Solomon Percey, the judgment defendant, it is alleged, was indebted and insolvent; that he has ever since been insolvent; that he conveyed the lands in controversy to his wife, “ with the intent of hindering, delaying, and defrauding his creditors.” Thereafter, the wife…
1Opinion of the CourtTCtnntc, C. J.
1 2 *2593 4 *2605 *258I. Appellees insist that this appeal must be dismissed because no service of notice of appeal has been made upon the administratrix of Solomon Percey, nor upon the minor Lionel Percey. It appears from the record that Solomon Percey had died, prior to September 18, 1894, and that on said date Cheneworth, his administrator, was substituted as a defendant. The notice of appeal was served October 7,1895. In the abstract it is alleged to have been served upon the defendants, and upon the clerk, as by statute provided. In the additional abstract of appellees the notice is set out, from…
2Cases cited14 opinions
- Harrison v. KramerSupreme Court of Iowa · 1856
- Mickel v. WalravenSupreme Court of Iowa · 1894
- Rollins v. Shaver Wagon & Carriage Co.Supreme Court of Iowa · 1890
- Lyman v. CessfordSupreme Court of Iowa · 1863
- Fifield v. GastonSupreme Court of Iowa · 1861
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3Cited by19 opinions
- Harvey v. PhillipsSupreme Court of Iowa · 1922
- Keehn v. KeehnSupreme Court of Iowa · 1902
- Beasley v. CogginsSupreme Court of Florida · 1904
- White v. GreenSupreme Court of Iowa · 1898
- Crowley v. BrowerSupreme Court of Iowa · 1926
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