Laing v. Cunningham
Supreme Court of Iowa
Appeal from Wapello District Court. Creditor’s bill. The plaintiff is a judgment creditor of the defendant, Henry Cunningham, husband of bis co-defendant, Ann. Cunningham. Execution was returned nulla bona. Tbe petition seeks to subject a bouse and loti in Ottumwa, in the“name of Ann, to tbe payment of tbe plaintiff’s judgment. Issues were joined and a large mass, of testimony taken on tbe question of tbe alleged fraud. Decree in favor of defendants, and plaintiff appeals.
1Opinion of the CourtDilloN, J.
I. The house and lot which tbe plaintiff seeks to subject to his judgment, stand in the name of tbe wife. Tbe plaintiff claims that her title is fraudulent as to him. This tbe defendants deny. It would require many pages to analyze and review the testimony at length. Erorn a careful and united examination of it, we are satisfied that it fully sustains tbe plaintiff’s petition. The testimony of tbe witness Clarke, who is entirely disinterested, must overcome that of the defendants. It, corroborated by other testimony, satisfactorily shows that in August, September and the first part of…
2Cases cited1 opinion
- Duncan v. RoselleSupreme Court of Iowa · 1864
3Cited by4 opinions
- Bailey v. GardnerWest Virginia Supreme Court · 1888
- Hamilton v. LightnerSupreme Court of Iowa · 1880
- Brainard v. Van KuranSupreme Court of Iowa · 1867
- O'Shea v. PayneSupreme Court of Missouri · 1884