Keeder & Orvis & Co. v. Murphy
Supreme Court of Iowa
Appeal from Clvnton District Court. On the 14th day of November, 1871, Sylvester Keeder, the holder of a judgment for the sum of $203.42 and costs against John Murphy, commenced an action to set aside a conveyance of eighty acres of land by John Murphy, to his sister Bridget Murphy, alleging that it was made with the intent oi defrauding, hindering and delaying creditors.
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Appeal from Clvnton District Court. On the 14th day of November, 1871, Sylvester Keeder, the holder of a judgment for the sum of $203.42 and costs against John Murphy, commenced an action to set aside a conveyance of eighty acres of land by John Murphy, to his sister Bridget Murphy, alleging that it was made with the intent oi defrauding, hindering and delaying creditors. On the 28th day of November, 1871, the plaintiffs, F. K. Orvis & Co., the holders of a judgment against John Murphy for the sum of $331.65 and costs, commenced a like action. The defendant, Bridget Murphy, filed an answer in…
1Opinion of the CourtDay, J.
A review of the evidence could subserve no practical purpose. It creates a very strong suspicion that the conveyance from John to Bridget Murphy was for tlie fraudulent purpose of placing the property beyond the reach of creditors, and that both parties participated in the fraud; Tet we would not, perhaps, be able to unite in holding that the proof of fraud is of such clear and satisfactory a character, as would justify a court of equity in declaring it fraudulent and setting it absolutely aside.
But the order of the court below, treating the conveyance as a security for the money actually…
2Cases cited1 opinion
- Boyd v. DunlapNew York Court of Chancery · 1815
3Cited by10 opinions
- Strong v. LawrenceSupreme Court of Iowa · 1882
- Snyder v. PartridgeIllinois Supreme Court · 1891
- Fuller v. GriffithSupreme Court of Iowa · 1894
- Malcolm Savings Bank v. MehlinSupreme Court of Iowa · 1925
- Lyon v. HaddockSupreme Court of Iowa · 1882
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