Smith v. Utesch
Supreme Court of Iowa
Apjpeal from Plymouth District Court. — Hon. Scott M. Ladd, Judge. Action in equity in the nature of a creditor’s bill, by which the plaintiff seeks to subject certain land and personal property to the payment of a judgment against the defendant, August Utesch. The defendants are husband and wife. The title to the land was formerly in the husband, and he made a conveyance to his wife.
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Apjpeal from Plymouth District Court. — Hon. Scott M. Ladd, Judge. Action in equity in the nature of a creditor’s bill, by which the plaintiff seeks to subject certain land and personal property to the payment of a judgment against the defendant, August Utesch. The defendants are husband and wife. The title to the land was formerly in the husband, and he made a conveyance to his wife. It is claimed by the plaintiff that this conveyance was without consideration, and fraudulent and void as to the creditors of the husband. The judgment held by the plaintiff was founded on a debt which was…
1Opinion of the CourtRotheock, J.
I. There is no question as to the validity of the judgment held by the plaintiff against 1. Fraudulent conveyances: husband and wife: agency: evidence. August TJtesch. The indebtedness upon which it is founded was contracted in the 7ear 1876. The land m controversy is a tract of [one hundred and sixty acres. It was purchased by August TJtesch of one Hamlin, October 11,1883. The contract price was two thousand dollars ; one hundred dollars was paid in cash, four hundred dollars was to be paid October 25, 1883, and five hundred dollars January 25, 1884. These deferred payments drew interest at…
2Cited by4 opinions
- Spaulding v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1896
- Hall v. Incorporated TownSupreme Court of Iowa · 1896
- Stearns v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1914
- Bertschinger v. CampbellWashington Supreme Court · 1916