Schofield & Co. v. Blind
Supreme Court of Iowa
Appeal from Wapello District Court. The plaintiffs, in their petition, state that on the 15th day of February, 1869, they obtained a judgment for $250 and costs against Lupton & Blind, a partnership, of which Conrad Blind was a member; that' execution was issued on said judgment and returned unsatisfied; that Philip Blind is a son of Conrad Blind who, it is alleged, fraudulently conveyed to his said son lots 15, 19 and 20, in the city of Ottumwa.
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Appeal from Wapello District Court. The plaintiffs, in their petition, state that on the 15th day of February, 1869, they obtained a judgment for $250 and costs against Lupton & Blind, a partnership, of which Conrad Blind was a member; that' execution was issued on said judgment and returned unsatisfied; that Philip Blind is a son of Conrad Blind who, it is alleged, fraudulently conveyed to his said son lots 15, 19 and 20, in the city of Ottumwa. The petition prays that plaintiffs’ judgment be declared a lien on said lots and that they may be taken-in satisfaction thereof. The action was…
1Opinion of the CourtMiller, J.
The question involved in this case is purely one of fact. It is alleged by plaintiffs that the conveyance of the lots to Philip Blind was fraudulent as to the creditors of Conrad. All the allegations of fraud are fully denied.. The court below found the issue in favor of the plaintiffs. On appeal the case stands for trial de novo in this court irrespective of the decision below. The plaintiffs having the burden of the issue, in order to recover, should establish the affirmative by clear and satisfactory proof. The evidence on the part of plaintiffs tends to establish the truth of their…
2Cases cited1 opinion
- Lyman v. CessfordSupreme Court of Iowa · 1863
3Cited by8 opinions
- Ley v. Metropolitan Life InsuranceSupreme Court of Iowa · 1903
- Bixby v. CarskaddonSupreme Court of Iowa · 1881
- Adams v. ThorntonSupreme Court of Alabama · 1885
- Richardson v. ShortSupreme Court of Iowa · 1925
- Tourtelotte v. BrownColorado Court of Appeals · 1894
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