Poole, Gilliam & Co. v. Seney
Supreme Court of Iowa
Appeal from Franl¿li/>i Circuit Court. These are actions in equity to set aside two mortgages given by defendant John Seney and wife to Charles Seney, and to subject the property covered thereby to the payment of certain judgments obtained by plaintiffs against John Seney and the firm of Combellick & Seney. The petitions in the several cases are substantially alike, and they were all submitted on the same evidence. There are two counts in each petition.
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Appeal from Franl¿li/>i Circuit Court. These are actions in equity to set aside two mortgages given by defendant John Seney and wife to Charles Seney, and to subject the property covered thereby to the payment of certain judgments obtained by plaintiffs against John Seney and the firm of Combellick & Seney. The petitions in the several cases are substantially alike, and they were all submitted on the same evidence. There are two counts in each petition. In the first count it is averred that the plaintiffs obtained judgments for certain amounts against John Seney, and that he was the owner of…
1Opinion of the CourtNeed, J.
i. chattel fraudulent transfer: protection to . diligent oreclit°r. The allegation in the first count of the petition, that the mortgages were voluntary and were given with intent to hinder and delay the creditors of John Seney, is not established by the evidence. Both T , „ , .. n , J ohn Seney and Charles Seney swear to the exist-t d d ence of the debt secured by the mortgage, and they give the different items which they say .go to make up the sum of the indebtedness, and state the different transactions out of which the several items of indebtedness arose. Their statements are not…
2Cases cited3 opinions
- Murray v. MurrayNew York Court of Chancery · 1821
- Murrill v. NeillSupreme Court of the United States · 1850
- Scudder v. DelashmutSupreme Court of Iowa · 1858
3Cited by10 opinions
- Johnston & Son v. RobuckSupreme Court of Iowa · 1898
- Carlisle v. MillimanSupreme Court of Iowa · 1925
- Smith v. Smith Bros.Supreme Court of Iowa · 1893
- Bartlett v. WebberSupreme Court of Iowa · 1934
- Capital Food Co. v. Globe Coal Co.Supreme Court of Iowa · 1909
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