Gordon v. Worthley
Supreme Court of Iowa
Appeal from Cherokee Circuit Cowrt. Action to set aside a conveyance of real estate, as having been made to defraud creditors. The plaintiff holds a judgment against the defendant Sewell Worthley for seven hundred and fifty-two dollars. The land in question is eighty acres in Cherokee county, standing in the name of the defendant Eleanor Worthley, wife of Sewell Worthley.
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Appeal from Cherokee Circuit Cowrt. Action to set aside a conveyance of real estate, as having been made to defraud creditors. The plaintiff holds a judgment against the defendant Sewell Worthley for seven hundred and fifty-two dollars. The land in question is eighty acres in Cherokee county, standing in the name of the defendant Eleanor Worthley, wife of Sewell Worthley. The land formerly belonged to him, and was conveyed to her through a trustee before her marriage, and while the plaintiff’s action was pending. She avers that it was conveyed to her in consideration of her marriage, and that…
1Opinion of the CourtAdams, J.
*4301. Fraud SSceT proof of msoivoncy. *429I. No execution has been issued upon the plaintiff’s judgment, and it is contended by the defendant *430Eleanor Worthley that, such being the fact, the plaintiff should not be allowed to subject the land jn qUes|¿on the payment of his judgment. It was said, however, in Postlewait et al. v. Howes et al., 3 Iowa, 383, that “if the creditor shall charge in his bill, and prove on the hearing that the debtor is, in fact, insolvent, and that an execution, if issued, must necessarily be returned unsatisfied, there is no reason for requiring him to go through the…
2Cases cited3 opinions
- Postlewait v. HowesSupreme Court of Iowa · 1856
- Gwyer v. FigginsSupreme Court of Iowa · 1873
- Bunnel v. WitherowIndiana Supreme Court · 1867
3Cited by20 opinions
- Strong v. LawrenceSupreme Court of Iowa · 1882
- Ziska v. ZiskaSupreme Court of Oklahoma · 1908
- Wagner v. LawWashington Supreme Court · 1892
- Mickel v. WalravenSupreme Court of Iowa · 1894
- Williams v. Adler-Goldman Commission Co.Court of Appeals for the Eighth Circuit · 1915
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