Zimmerman v. Heinrichs
Supreme Court of Iowa
Appeal from Johnson District Court. Action to set aside a conveyance of certain real estate made by tbe defendant, H. M. Heinrichs, to his co-defendant, on the ground that the same was fraudulent, and made to hinder and delay his creditors.. The answer admitted the conveyance and alleged that the same was made in good faith and for a sufficient consideration, and denied the alleged fraud and purpose in making the conveyance. Decree for plaintiff, and defendant appeals.
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Appeal from Johnson District Court. Action to set aside a conveyance of certain real estate made by tbe defendant, H. M. Heinrichs, to his co-defendant, on the ground that the same was fraudulent, and made to hinder and delay his creditors.. The answer admitted the conveyance and alleged that the same was made in good faith and for a sufficient consideration, and denied the alleged fraud and purpose in making the conveyance. Decree for plaintiff, and defendant appeals. A deed merely voluntary is not fraudulent per se as to existing creditors, and he who attacks it must show the want of…
1Opinion of the Court
Seevers, Ch. J,
1. convex-husband “and wile. The defendants are husband and wife, having been married on the first day of January, 1869. Previous to such marriage Mrs. Heinrichs was a widow, her first husband having died some time in 1858. Mrs. Heinrichs and her first husband, in 1868, farmed some land belonging to Sofal, as renters; the amount of land so rented and farmed was twenty-seven or twenty-eight acres, which was cultivated in corn and wheat, the share of Mrs. Heinrichs and her husband being two-thirds. Sometime in the fall of 1868 Mr. Heinrichs commenced visiting Mrs. Heinrichs;…
2Cited by1 opinion
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