Wolcott v. Rickey
Supreme Court of Iowa
Appeal from Lee District Court. Plaintiff, a judgment creditor of J. K. Rickey, Sr., by this proceeding seeks to subject certain real estate (40 acres) to tbe payment of bis debt. Tbe claim is tbat it was purchased (in part at least) with the means of tbe debtor, and tbe title taken in tbe name of bis wife, to defraud creditors.
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Appeal from Lee District Court. Plaintiff, a judgment creditor of J. K. Rickey, Sr., by this proceeding seeks to subject certain real estate (40 acres) to tbe payment of bis debt. Tbe claim is tbat it was purchased (in part at least) with the means of tbe debtor, and tbe title taken in tbe name of bis wife, to defraud creditors. Defendants insist that the land was paid for with tbe money of J. II. .Rickey, Jr. (tbe son of the debtor), in good faith and for the honest purpose of providing a home for bis parents, and particularly bis mother. The case was beard on bill, answer and depositions ;…
1Opinion of the CourtWright, J.
Parent and child : earnmgs of child. For the most part, this ease involves none other than questions of fact. The ultimate and cardinal inquiry is, whether this land ivas purchased . , Í , with the money oi the lather or the son. The d contract price was two thousand dollars, which was paid, with some accruing interest. From the testimony, we are led to the conclusion that the father paid six hundred dollars from what, in law, would be regarded as his own money, and the son paid the balance. We find, also, that the amount paid by the son was of his own funds; and that neither the money nor…
2Cases cited2 opinions
- Everett v. SherfeySupreme Court of Iowa · 1855
- Nixon v. SpencerSupreme Court of Iowa · 1864
3Cited by3 opinions
- Lipovac v. Iowa Railway & Light Co.Supreme Court of Iowa · 1926
- Bristor v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1905
- Hamilton v. LightnerSupreme Court of Iowa · 1880