Cooley v. Brown
Supreme Court of Iowa
Appeal from, Winnesheik Cvrcuit Court. The object of the action is to recover from defendant, Gr. I. Brown, money received by him upon a promissory note made by Day Brothers to Jedediah Brown in his life-time, alleging that said note was a gift by said deceased to his wife prior to his death, in fraud' of his creditors; that the estate is insolvent, and that defendant took the note with notice, etc.
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Appeal from, Winnesheik Cvrcuit Court. The object of the action is to recover from defendant, Gr. I. Brown, money received by him upon a promissory note made by Day Brothers to Jedediah Brown in his life-time, alleging that said note was a gift by said deceased to his wife prior to his death, in fraud' of his creditors; that the estate is insolvent, and that defendant took the note with notice, etc. The answer traverses all the material allegations of the petition, and also pleads a set-off of $372, to which no reply was filed. Trial by the 'court and judgment for plaintiff. Defendant appeals.
1Opinion of the CourtMiller, J.
I. It is first insisted that the circuit court had no jurisdiction of the subject-matter of the *476action. We regard this question as settled adversely to ppellant in a former appeal in this case, reported in 30 Iowa, 470.
II. The second and third points presented in appellant’s argument relate to the sufficiency of the evidence to support the finding of the circuit court. We think, upon examination, that there is no such want of evidence as will warrant us in interfering with the finding, which is to be regarded the same as the verdict of a jury, and entitled to the same presumptions. Further…
2Cases cited2 opinions
- Cooley v. BrownSupreme Court of Iowa · 1870
- Pharo v. JohnsonSupreme Court of Iowa · 1864
3Cited by3 opinions
- Doe v. Clark & HaddockSupreme Court of Iowa · 1875
- Mobley v. Boyt Farms Co.Supreme Court of Iowa · 1964
- Burrows v. FrankSupreme Court of Iowa · 1885