Steele v. Ward
Supreme Court of Iowa
Appeal from Monroe District Court. Plaintiff brought suit in attachment, against defendant Murray, July 7, 1865, levying the writ upon 120 acres of land, which had been owned by Murray for several years. July 11, 1865, a deed executed by Murray, was filed for record, conveying the land attached, with thirty acres in-addition, to defendant Ward.
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Appeal from Monroe District Court. Plaintiff brought suit in attachment, against defendant Murray, July 7, 1865, levying the writ upon 120 acres of land, which had been owned by Murray for several years. July 11, 1865, a deed executed by Murray, was filed for record, conveying the land attached, with thirty acres in-addition, to defendant Ward. The deed is dated- and acknowledged June 28, 1865, and the consideration named therein is $2,000. Plaintiff obtained judgment against Murray for $1,644.44, and brings this action in equity to set aside the deed, and subject the land to the lien of the…
1Opinion of the CourtBeck, J.
*537Fraudulent mutualparUci?raudnnece?-e sary' *536The evidence.for plaintiff, which, upon this point, is circumstantial in its‘character, -fails to overcome *537Positwé testimony of the Witnesses, that fhe conveyance was made upon the actual consideration of $2,000, paid by Ward to Murray. It is not necessary to discuss the question Whether Murray conveyed the lands with the’ intent to defraud his creditors. Unless Ward participated in the fraud, so far at least as to have a knowledge of the fraudulent intent of Murray, the conveyance cannot be disturbed, and plaintiff can have nb relief, even should we…
2Cited by10 opinions
- Witham v. BloodSupreme Court of Iowa · 1904
- M. Rosenheim & Son v. Flanders SistersSupreme Court of Iowa · 1901
- Steinfort v. LanghoutSupreme Court of Iowa · 1915
- Fluegel v. HenschelNorth Dakota Supreme Court · 1898
- Ford v. OttSupreme Court of Iowa · 1917
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