Barhydt & Co. v. Perry
Supreme Court of Iowa
Appeal from Page Circuit Court. The plaintiffs, who hold an unsatisfied judgment against the defendant, A. W. Perry, for $731.41, bring this action to set aside a conveyance of two hundred acres of land from A. W. Perry to his wife L. A. Perry, and to subject it to the satisfaction of said judgment. The plaintiffs allege that the.conveyance was made without consideration, and with intent to defraud creditors, and is void. The court dismissed the plaintiffs’ petition.
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Appeal from Page Circuit Court. The plaintiffs, who hold an unsatisfied judgment against the defendant, A. W. Perry, for $731.41, bring this action to set aside a conveyance of two hundred acres of land from A. W. Perry to his wife L. A. Perry, and to subject it to the satisfaction of said judgment. The plaintiffs allege that the.conveyance was made without consideration, and with intent to defraud creditors, and is void. The court dismissed the plaintiffs’ petition. The plaintiff’s appeal. The material facts are stated in the opinion.
1Opinion of the CourtDay, J.
The evidence establishes the following facts: The defendant, A. W. Perry, had a stroke of paralysis in 1876, which weakened him somewhat, both mentally and physically. In March, 1878, A. W. Perry formed a copartnership with E. Stoney, who was then engaged in mercantile business in Clarinda. The stock then inventoried $2,900, and the debts were about $1,600. This partnership continued until the first of May, 1879. In the meantime the stock had increased about one-third, and the debts had also increased. On the first of May, 1879, the partnership was dissolved, Stoney buying Perry’s interest,…
2Cases cited6 opinions
- Savage v. . MurphyNew York Court of Appeals · 1866
- Lyman v. CessfordSupreme Court of Iowa · 1863
- Fifield v. GastonSupreme Court of Iowa · 1861
- Paulk v. CookeSupreme Court of Connecticut · 1873
- Whitescarver v. BonneySupreme Court of Iowa · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Rudy v. AustinSupreme Court of Arkansas · 1892
- Lockie v. WhiteSupreme Court of Iowa · 1936
- Hoyt v. HampeSupreme Court of Iowa · 1925