Pearson v. Maxfield
Supreme Court of Iowa
Appeal from Pottawattamie District Court. The plaintiff obtained a judgment against the defendant Mintern, and to satisfy it levied upon certain land standing in the name of the defendant Maxfield. The land was formerly owned by Mintern, and was conveyed by him to Maxfield. The plaintiff bid in the land, obtained a sheriff’s deed, and now brings this action to set aside the deed made by Mintern to Maxfield, on the ground that the deed was made to defraud Mintern’s creditors.
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Appeal from Pottawattamie District Court. The plaintiff obtained a judgment against the defendant Mintern, and to satisfy it levied upon certain land standing in the name of the defendant Maxfield. The land was formerly owned by Mintern, and was conveyed by him to Maxfield. The plaintiff bid in the land, obtained a sheriff’s deed, and now brings this action to set aside the deed made by Mintern to Maxfield, on the ground that the deed was made to defraud Mintern’s creditors. Other facts are stated in the opinion. There was a decree for plaintiff. The defendants appeal.
1Opinion of the CourtAdams, J.
l. featovanceljudicial sale: jjroofof insolvency. — I. If, at the time of the issuance of the execution, the execution debtor had other property out of which the execution could have been satisfied, the plaintiff should have levied upon such property instead . x J of upon the property m question, which could be effectually reached only through the aid of a court of equity. It is usual, as preliminary to a levy upon property alleged to have been fraudulently conveyed by the execution debtor, to have a return of execution “no property found.” It has sometimes been thought that this is…
2Cases cited3 opinions
- Postlewait v. HowesSupreme Court of Iowa · 1856
- Gwyer v. FigginsSupreme Court of Iowa · 1873
- Gordon v. WorthleySupreme Court of Iowa · 1878
3Cited by13 opinions
- Ziska v. ZiskaSupreme Court of Oklahoma · 1908
- Wagner v. LawWashington Supreme Court · 1892
- McAvoy v. JenningsWashington Supreme Court · 1906
- Mickel v. WalravenSupreme Court of Iowa · 1894
- Williams Savings Bank v. MurphySupreme Court of Iowa · 1935
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