Fifield v. Gaston
Supreme Court of Iowa
Appeal from Mahaska District Court. IN CHANCERY. Complainant represents that he is a judgment creditor of one Mark G. Fifield, and that a certain deed from the said Mark G. to his co-respondent Gaston, was made to hinder and delay creditors. The prayer is, that this deed be set aside, and the land conveyed declared subject to complainant’s judgment.
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Appeal from Mahaska District Court. IN CHANCERY. Complainant represents that he is a judgment creditor of one Mark G. Fifield, and that a certain deed from the said Mark G. to his co-respondent Gaston, was made to hinder and delay creditors. The prayer is, that this deed be set aside, and the land conveyed declared subject to complainant’s judgment. Mark G. fails to answer, Gas-ton answered, denying all fraud, all intention to hinder and delay creditors, denying that complainant was a creditor of Mark G., averring collusion between them to cheat and defraud him, setting up that while the…
1Opinion of the CourtWright, J.
Counsel differ but little if any, as to the legal principles which must govern the decision of this case. It is admitted that if complainant was a bona fide creditor of Mark G. at the time the conveyance was made to Gaston, and the said conveyance was made and received for the purpose of hindering and delaying creditors, then the same is void and the property subject to the payment of complainant’s debt. The material inquiries are, whether complainant has shown himself to be such creditor, and whether the conveyance was made and received with such fraudulent intention. After a thorough…
2Cases cited3 opinions
- Noel v. NoelSupreme Court of Iowa · 1855
- Whitescarver v. BonneySupreme Court of Iowa · 1859
- Adams v. FoleySupreme Court of Iowa · 1856
3Cited by18 opinions
- Rollins v. Shaver Wagon & Carriage Co.Supreme Court of Iowa · 1890
- Farlin v. SookSupreme Court of Kansas · 1883
- Witham v. BloodSupreme Court of Iowa · 1904
- Brundage v. CheneworthSupreme Court of Iowa · 1897
- Hult v. Home Life InsuranceSupreme Court of Iowa · 1932
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