Smith v. Grimes
Supreme Court of Iowa
Appeal from Des Moines District Court. Action in chancery to subject certain lands in Des Moines county to a judgment held by plaintiff, Smith, against John Pierson, one of the defendants. The legal title to the lands is held by another defendant, David W. Grimes.
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Appeal from Des Moines District Court. Action in chancery to subject certain lands in Des Moines county to a judgment held by plaintiff, Smith, against John Pierson, one of the defendants. The legal title to the lands is held by another defendant, David W. Grimes. Smith charge's, in the petition, that the deed to Grimes was made by Pierson with the fraudulent intention on the part of both to defeat him and other creditors of Pierson in the collection of their claims, all of which are in judgments, and that the lands are held, under that conveyance, in secret trust for the benefit of Pierson.…
1Opinion of the CourtBeck, J.
The only questions presented in this case, upon which there is any controversy, involve the validity of the conveyance of the lands from Pierson to Grimes, which are sought to be subjected to plaintiff’s judgments. With one. exception, no objection is made to the judgments or the claim upon which they are based. This matter will be considered in its proper order. If the deed from Pierson to Grimes was made, as charged by plaintiffs, to cover and protect the property conveyed from the judgments against Pierson, and Grimes holds it under a secret trust for -that purpose, the plaintiffs are…
2Cases cited2 opinions
- Callanan v. ShawSupreme Court of Iowa · 1868
- Wilson v. PatrickSupreme Court of Iowa · 1872
3Cited by8 opinions
- Adams v. YoungMassachusetts Supreme Judicial Court · 1909
- Fowler v. MausIndiana Supreme Court · 1895
- Creamer v. StevensSupreme Court of Iowa · 1921
- Fordyce v. HicksSupreme Court of Iowa · 1888
- Lore v. DierkesThe Superior Court of New York City · 1884
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