Preston v. Turner
Supreme Court of Iowa
Appeal from Benton District Court. Suit in equity by the plaintiff, who is an assignee of a judgment against Lewis Turner, to set aside a conveyance of a house and lot in Vinton, to Elizabeth Turner, as fraudulent; and to subject the same to the payment of his judgment. The cause was tried to a referee, who found for the defendants. In the district court, the plaintiff’s exceptions were overruled and the report of the referee affirmed.
Read the full summary
Appeal from Benton District Court. Suit in equity by the plaintiff, who is an assignee of a judgment against Lewis Turner, to set aside a conveyance of a house and lot in Vinton, to Elizabeth Turner, as fraudulent; and to subject the same to the payment of his judgment. The cause was tried to a referee, who found for the defendants. In the district court, the plaintiff’s exceptions were overruled and the report of the referee affirmed. On appeal to and trial in the general term, the judgment of the district court was affirmed. The plaintiff has now appealed to this court.
1Opinion of the CourtCole, J.
— We must affirm this judgment for at least three reasons :
First. The testimony will not justify the conclusion that Elizabeth Turner was either guilty of a fraudulent intent, or possessed of the knowledge of such intent on the part of her husband, even if it be fully conceded that his intent was *672fraudulent. Having paid value for the property, and no fraud upon her part being shown, her title should be protected.
Second. The judgment claimed by plaintiff was recovered by Dennis Perkins against Lewis Turner, for $1,313.52, on the 11th day of April, 1856 ; it was assigned by Perkins to N. C.…
2Cases cited1 opinion
- Burtis v. Cook & SargentSupreme Court of Iowa · 1864
3Cited by6 opinions
- M. Rosenheim & Son v. Flanders SistersSupreme Court of Iowa · 1901
- Ford v. OttSupreme Court of Iowa · 1917
- Mehlhop v. PettiboneWisconsin Supreme Court · 1882
- Roberts, Butler & Co. v. PressSupreme Court of Iowa · 1896
- Temple & Love v. Smith & CrittendenNebraska Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.