Eldred v. Drake
Supreme Court of Iowa
Appeal from Cerro Gordo District Court. On the 2d day of September, 1869, the defendant was the owner of one hundred and sixty acres of land in Oerro Gordo county, and one Simeon E. Essex was the owner of certain lands in the State of Illinois. An agreement for exchange was made, and defendant at the request .of Essex conveyed the Oerro Gordo county land to Dorinda Essex, wife of said S. E. Essex.
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Appeal from Cerro Gordo District Court. On the 2d day of September, 1869, the defendant was the owner of one hundred and sixty acres of land in Oerro Gordo county, and one Simeon E. Essex was the owner of certain lands in the State of Illinois. An agreement for exchange was made, and defendant at the request .of Essex conveyed the Oerro Gordo county land to Dorinda Essex, wife of said S. E. Essex. The wife paid no consideration, and her husband was at the time indebted in a considerable amount. 'After the conveyance was made to the wife and on 26th day of September, 3869, Drake commenced a…
1Opinion of the CourtRothrock, J.
Dorinda Essex paid no consideration for the land, and her husband was largely indebted, including the debt to defendant on which the attachment proceedings were afterwards had.
Under these circumstances the creditors of the husband could subject the land to the payment of their claims.
The plaintiff, however, claims that when he made the purchase, on the 6th day of October, 1870, he purchased for a valuable consideration, without notice of any claim of defendant.
i conveytona Meloe: purchaser. The evidence shows that when plaintiff made his purchase he paid to Dorinda Essex $320 in cash as the…
2Cases cited1 opinion
- Sillyman v. KingSupreme Court of Iowa · 1873
3Cited by3 opinions
- Noyes v. CrawfordSupreme Court of Iowa · 1902
- Bailey v. McGregorSupreme Court of Iowa · 1877
- Bush v. HerringSupreme Court of Iowa · 1901