Legal Opinion

Lyman v. Cessford

Supreme Court of Iowa

Decided October 16, 1863PublishedCited by 27 opinions

Appeal from Cedar District Court. Bill in equity to set aside certain conveyances upon tbe ground that they were made to defraud creditors. Decree for complainants, and respondents appeal. I. At voluntary conveyance executed by a grantor, while he is not in debt, and without any fraudulent intention, is valid as against subsequent creditors.

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Appeal from Cedar District Court. Bill in equity to set aside certain conveyances upon tbe ground that they were made to defraud creditors. Decree for complainants, and respondents appeal. I. At voluntary conveyance executed by a grantor, while he is not in debt, and without any fraudulent intention, is valid as against subsequent creditors. Benton v. Jones, 8 Conn., 185 ;- How v. More, 4 Grreenl., 195; Parker v. Proctor, 9 Mass., 390; Sexton v. Wheaton, 8 Wheat., 229; Hinds v. Longworth, 11 Wheat., 199; Davis v. Herrick, 37 Me., 397; Martin v. Allen, 9 Humph., 591; Bennett v. Bedford Bank,…

1Opinion of the CourtWright, J.

On the 23d of March, 1860, William Cessford, Jr., by contract with the School Fund Commissioner, was the equitable owner of the land in controversy, some part of the purchase money remaining unpaid. On that day he conveyed to his father, who immediately made a *231title to the said wife. She at once moved on to the land with her children. These deeds were filed for record, June 29, 1860. The object in making them, was to secure a home for the family, and though the consideration of $5,000 is named in each deed, nothing was actually paid; the land (in the language of the answer) being “ given to…

2Cases cited1 opinion

  1. Stiles & Co. v. LightfootSupreme Court of Alabama · 1855

3Cited by27 opinions

  1. Ley v. Metropolitan Life InsuranceSupreme Court of Iowa · 1903
  2. Bishop v. RedmondIndiana Supreme Court · 1882
  3. Pike v. MilesWisconsin Supreme Court · 1868
  4. Brundage v. CheneworthSupreme Court of Iowa · 1897
  5. Bixby v. CarskaddonSupreme Court of Iowa · 1881

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