Robb v. McBride
Supreme Court of Iowa
Appeal from General Term, Second Bisi/rict (Monroe County). Proceeding in equity to set aside a deed made to the wife, Melinda, and subject the property therein conveyed to the payment of a judgment in favor of plaintiff’s intestate against the husband, D. II. McBride. It is claimed that the conveyance was made to the wife in fraud of the rights of creditors.
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Appeal from General Term, Second Bisi/rict (Monroe County). Proceeding in equity to set aside a deed made to the wife, Melinda, and subject the property therein conveyed to the payment of a judgment in favor of plaintiff’s intestate against the husband, D. II. McBride. It is claimed that the conveyance was made to the wife in fraud of the rights of creditors. To this it is answered, first, that the property was paid for with the money of the wife, and, second, that it is her homestead (the husband being dead), and as such not liable to this debt, The General Term affirmed the judgment of the…
1Opinion of the Court
Wright, J.—
If either ground assumed in the answer is sustained by the proof, there is, of course, an end to plaintiff’s case. Upon the first we need not express an opinion, as we unite in the conclusion that, upon the second, this judgment is right. The question of fact, Was there an abandonment of the homestead ? we find for defendants. The evidence is somewhat conflicting, but it preponderates decidedly in favor of the proposition that the husband and wife left Albia, in Monroe county, and went to Madison and Warren counties for a temporary purpose, intending to return, and with no design…
2Cases cited1 opinion
- Elston & Green v. RobinsonSupreme Court of Iowa · 1867
3Cited by8 opinions
- Mitchell v. MilhoanSupreme Court of Kansas · 1873
- Cowgell v. WarringtonSupreme Court of Iowa · 1885
- Benham v. Chamberlain & Co.Supreme Court of Iowa · 1874
- Vittengl v. VittenglSupreme Court of Iowa · 1912
- Mann v. CorringtonSupreme Court of Iowa · 1894
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