Suiter v. Turner
Supreme Court of Iowa
Appeal from Scott District Court, Joseph TurNER, in August, 1848, was indebted to tlio complainant, Philip Suiter, to the amount of two promissory notes; one dated in October, 1837, for $300.00 and the other in April, 1840, for $60. On the 7th of August, 1843, Suiter commenced his action on these notes, and on the 10th of September, 1844, recovered judgment for $409.60 and costs.
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Appeal from Scott District Court, Joseph TurNER, in August, 1848, was indebted to tlio complainant, Philip Suiter, to the amount of two promissory notes; one dated in October, 1837, for $300.00 and the other in April, 1840, for $60. On the 7th of August, 1843, Suiter commenced his action on these notes, and on the 10th of September, 1844, recovered judgment for $409.60 and costs. Execution was issued in the same month, and on the 5th November following, the real estate in controversy was sold thereon to complainant. On the 17th of April, 1856, the sheriff made him a deed, which was duly…
1Opinion of the Court
’WRIGHT, J.
We are clearly of the opinion that it was the intention of Turner, when he made the deed of June 8th, 1843, and executed the written agreement of the same date with Cullom, to defraud his creditors. We further incline to the opinion that Cullom participated in this fraudulent design, and if the controversy was now between complainant and said Turner and Cullom, we should have but little difficulty in concluding that complainant’s title was paramount, and in further declaring said deed of the 8th of June 1843, fraudulent and void. It is claimed however by the other respondents, that…
2Cases cited6 opinions
- United States v. Hooe Et Al.Supreme Court of the United States · 1805
- Morrow v. WeedSupreme Court of Iowa · 1856
- Cooper v. SunderlandSupreme Court of Iowa · 1856
- Blake v. BlakeSupreme Court of Iowa · 1858
- McCrory v. FosterSupreme Court of Iowa · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Jones v. CrosthwaiteSupreme Court of Iowa · 1864
- Hodges v. WinstonSupreme Court of Alabama · 1891
- American Emigrant Co. v. FullerSupreme Court of Iowa · 1891
- Brown v. BradfordSupreme Court of Iowa · 1897
- Lutton v. StengSupreme Court of Iowa · 1929
3 more not listed; retrieve them via the Exa API.