Milliman v. Eddie
Supreme Court of Iowa
Appeal from Harrison District Court. — Hois. John F. Oliver, Judge. On tlie 1st day of March, 1891, and on the 1st day of '"October, 1892, the defendants N. W. and E. E. Goodman executed and delivered to Stuckslager & Aurocher their promissory notes, which were put into judgment on the 12th day of September, 1894. An execution'issued on this judgment, and the land in controversy was sold to satisfy the same.
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Appeal from Harrison District Court. — Hois. John F. Oliver, Judge. On tlie 1st day of March, 1891, and on the 1st day of '"October, 1892, the defendants N. W. and E. E. Goodman executed and delivered to Stuckslager & Aurocher their promissory notes, which were put into judgment on the 12th day of September, 1894. An execution'issued on this judgment, and the land in controversy was sold to satisfy the same. Redemption from the sale was not made, and on the 13th day of November, 1895, a shériff’s deed was executed therefor to the judgment plaintiffs, and they afterwards quitclaimed to the…
1Opinion of the CourtSherwin, J.
The plaintiffs hold the- legal title to the land in question, based on a judicial sale, which is conceded to be regular and valid. The judgment on which the defendants rely is, in our opinion, supported by no consideration. It was, in effect, a voluntary confession of judgment, and on an indebtedness which did not in fact exist, made for the sole and only purpose of hindering and delaying the creditors of the senior Goodmans, among whom were the plaintiff’s grantors; for, though their notes had not then been put into a judgment, they were nevertheless creditors at the time the fraudulent…
2Cases cited7 opinions
- Rhead v. HounsonMichigan Supreme Court · 1881
- Wilson v. HorrSupreme Court of Iowa · 1864
- Rounds v. GreenSupreme Court of Minnesota · 1882
- Lombard v. Dows & Co.Supreme Court of Iowa · 1885
- Bixby v. Adams CountySupreme Court of Iowa · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Stewart Lumber Co. v. DownsSupreme Court of Iowa · 1909
- Kingman Plow Co. v. KnowltonSupreme Court of Iowa · 1909
- Pierce v. PierceCalifornia Court of Appeal · 1911