Des Moines Insurance Co. v. Lent
Supreme Court of Iowa
Appeal from Calhoun District Court. — Hon. J. H. Macomber, Judge. Action in equity to subject real estate in Oalbqun county to the lien of a judgment. On the twenty-seventh day of March, 1884, the defendant Lent, being then the owner of the land in question, conveyed it to defendant H. J. Griswold. The instrument of conveyance was in form a warranty deed, but was intended to secure the payment of money, and was recorded two days after its execution.
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Appeal from Calhoun District Court. — Hon. J. H. Macomber, Judge. Action in equity to subject real estate in Oalbqun county to the lien of a judgment. On the twenty-seventh day of March, 1884, the defendant Lent, being then the owner of the land in question, conveyed it to defendant H. J. Griswold. The instrument of conveyance was in form a warranty deed, but was intended to secure the payment of money, and was recorded two days after its execution. On the fifteenth day of March, 1887, Lent conveyed the land, by warranty deed, to defendant Moody; and on the next day Griswold executed to Moody…
1Opinion of the CourtRobinson, J.
1. Fraudulent: conveyances: conspiracy: evidence. — I. The petition charges that the conveyance to Griswold was executed and accepted to defraud the creditors of Lent, and that the conveyances to Moody were made in pursuance 0f a conspiracy between Lent, Griswold and Moody for the same purpose. In our opinion the evidence does not support these allegations. It is not shown that Griswold knew that Lent was owing any one but himself when he accepted the deed as a mortgage, and he conveyed to Moody by direction of Lent when his claim was paid by Moody. When Moody made the agreement to purchase…
2Cases cited1 opinion
- Ferrier v. BuzickSupreme Court of Iowa · 1858
3Cited by11 opinions
- Faricy v. St. Paul Investment & Savings SocietySupreme Court of Minnesota · 1910
- Kauffman v. PhillipsSupreme Court of Iowa · 1912
- Massachusetts Bonding & Insurance Co. v. NovotnySupreme Court of Iowa · 1925
- Cooper v. EricksonSupreme Court of Iowa · 1931
- Morse v. MorseSupreme Court of Iowa · 1956
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