Legal Opinion

Eddy v. Wearin

Supreme Court of Iowa

Decided May 13, 1898Published

Appeal from Mills District Court. — Hon. Walter I. Smith, Judge. Creditors bills to subject certain real estate, the legal title to which is in the name of Otha and Andrew Wearin, to the payment of judgments against Harry Wearin. The trial court dismissed the plaintiffs’ petitions, and they .appeal. —

1Opinion of the CourtDeemer, C. J.

*3881 *387— Prior to the seventh day of August, 1893, .Harry Wearin was the owner of one thousand and *388eighty acres of land in Mills county. The land was heavily incumbered, and Wearin was largely in. debt. On that day he conveyed seven hundred and sixty acres of this land to his brother, Otha Wearin, and one hundred and sixty acres to Andrew Wearin, another brother. These suits are to set aside these conveyances, and to subject the land to the payment of certain judgments held by appellants. The conveyances are said to be fraudulent because the grantor intended thereby to hinder, delay, and defraud…

2Cases cited4 opinions

  1. Stroff v. Swafford Bros.Supreme Court of Iowa · 1891
  2. Ellithorpe v. ReidesilSupreme Court of Iowa · 1887
  3. Brown v. BradfordSupreme Court of Iowa · 1897
  4. Dean v. SkinnerSupreme Court of Iowa · 1876

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