Legal Opinion

Carbiener v. Montgomery

Supreme Court of Iowa

Decided April 11, 1896PublishedCited by 6 opinions

Appeal from Butler District Court. — Hon. Porter W. Burr, Judge. Creditors’ bill to set aside an alleged fraudulent conveyance of real estate. The lower court subjected the land to the payment of plaintiff’s judgment, but established a lien thereon for the sum of eight hundred dollars, in favor of defendant, Annie Montgomery, and declared it to be prior and superior to plaintiff’s lien. The defendant, Annie Montgomery, appeals.

1Opinion of the CourtDeemer, J.

On the twenty:seventh day of February, 1894, the plaintiff recovered a judgment agains't the defendant, Henry Montgomery, in the sum of two thousand and one dollars, for alienating the affections of, and seducing his (plaintiff’s) wife. It is alleged that plaintiff’s cause of action on which the judgment-was rendered, accrued prior to December 28* 1892. On the twenty-ninth day of December, 1892, the defendant, Henry Montgomery, conveyed certain real estate, consisting of about two hundred and sixty acres, to his wife, the defendant, Annie Montgomery. It is alleged that this conveyance was…

2Cases cited9 opinions

  1. Hanson v. ManleySupreme Court of Iowa · 1887
  2. Harrison v. KramerSupreme Court of Iowa · 1856
  3. Romans v. MadduxSupreme Court of Iowa · 1889
  4. Whitescarver v. BonneySupreme Court of Iowa · 1859
  5. Weir v. DaySupreme Court of Iowa · 1881

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3Cited by6 opinions

  1. Harvey v. PhillipsSupreme Court of Iowa · 1922
  2. Brundage v. CheneworthSupreme Court of Iowa · 1897
  3. Central National Bank & Trust Co. of Des Moines v. WagenerSupreme Court of Iowa · 1971
  4. Township of Maple Valley v. FoleyMichigan Supreme Court · 1897
  5. Wescott v. City of Sioux CitySupreme Court of Iowa · 1909

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