Harvey v. Phillips
Supreme Court of Iowa
Appeal from Marion District Gottrt. — H. S. Dugan, Judge. Action in equity by plaintiff, judgment creditor of the defendant Walter Phillips, to set aside a deed to Lot 3 of the north half of Lot 4, Block 6, in the town of Tracy, Iowa, executed by one England to the defendant Nellie Phillips, in January, 1920, and recorded in April, 1920, for a consideration of $1,000, subject, however, to a mortgage of $750, and to subject said lots to the payment of a deficiency judgment…
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Appeal from Marion District Gottrt. — H. S. Dugan, Judge. Action in equity by plaintiff, judgment creditor of the defendant Walter Phillips, to set aside a deed to Lot 3 of the north half of Lot 4, Block 6, in the town of Tracy, Iowa, executed by one England to the defendant Nellie Phillips, in January, 1920, and recorded in April, 1920, for a consideration of $1,000, subject, however, to a mortgage of $750, and to subject said lots to the payment of a deficiency judgment rendered some time ago in favor .of one Farr and against the plaintiff herein, Harvey, and defendant Walter Phillips and…
1Opinion of the CourtPreston, J.
1. Fraudulent conveyances: nature of evidence. — The question presented is largely one of fact, and of the proper inferences to be drawn from the evidence. The plaintiff placed both defendants on the stand as his witnesses, and relies almost entirely upon their testimony, to show the intent and the alleged fraudulent purpose in making the conveyances. By placing the defendants on the stand as witnesses, to a certain extent he vouches for their truthfulness, and he may not impeach them, although, of course, he may contradict, and may rely upon the proper inferences to be drawn from the…
2Cases cited21 opinions
- Ley v. Metropolitan Life InsuranceSupreme Court of Iowa · 1903
- Schrimper v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1900
- Brundage v. CheneworthSupreme Court of Iowa · 1897
- Davenport v. CummingsSupreme Court of Iowa · 1863
- Johnson v. TylerSupreme Court of Iowa · 1916
16 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Hall v. CrowSupreme Court of Iowa · 1948
- Rouse v. RouseSupreme Court of Iowa · 1970
- Grand Laboratories, Inc. v. Midcon Labs of Iowa, Barco Laboratories, Inc. Midcon Labs, Inc., a Missouri Corporation Barco Laboratories of Iowa, Inc., an Iowa Corporation Kansas City Southern Industries, Inc., a Delaware Corporation Pvi, Inc., a Missouri Corporation Central Biomedia, Inc., a Missouri Corporation, Grand Laboratories, Inc. v. Midcon Labs of Iowa, Inc. Barco Laboratories, Inc., Midcon Labs, Inc., a Missouri Corporation, Barco Laboratories of Iowa, Inc., an Iowa Corporation, Kansas City Southern Industries, Inc., a Delaware Corporation, Pvi, Inc., a Missouri Corporation Central Biomedia, Inc., a Missouri CorporationCourt of Appeals for the Eighth Circuit · 1994
- Stonewall v. DanielsonSupreme Court of Iowa · 1928
- Barks v. KleyneSupreme Court of Iowa · 1924
30 more not listed; retrieve them via the Exa API.