Mitchell & Sons v. Sawyer
Supreme Court of Iowa
Appeal from Linn District Court. ■Plaintiffs recovered a judgment against the defendant D. C. Sawyer, for near $1,100, and execution thereon being returned nulla bona, they commenced this proceed•'ing to reach certain real estate held in the name of the wife Miriam, alleging that it was j>aid for by the husband, and the title taken in the name of the wife to hinder and delay plaintiffs and other creditors.
Read the full summary
Appeal from Linn District Court. ■Plaintiffs recovered a judgment against the defendant D. C. Sawyer, for near $1,100, and execution thereon being returned nulla bona, they commenced this proceed•'ing to reach certain real estate held in the name of the wife Miriam, alleging that it was j>aid for by the husband, and the title taken in the name of the wife to hinder and delay plaintiffs and other creditors. Defendants admit the judgment, execution and return, .the husband’s insolvency, that the real estate described is in the name of the wife, but deny all fraud, insisting that it was bought…
1Opinion of the CourtWright, J.
i. husband separate ^ proiits. Assuming the facts to be as claimed by defendants, the only point having the semblance of a legal question in this case is this: If the wife has separate property — .money, for instance, received from her father’s estate — invests it *583in real estate, makes a profit thereby, and still again invests, is the husband entitled to this profit, to the real estate thus purchased, and can his creditors make it subject to the payment of his debts % And this is hardly a question, nor do counsel much, if any, more than suggest it. Arguendo, it is insisted, the earnings of…
2Cases cited5 opinions
- Logan v. HallSupreme Court of Iowa · 1865
- Stiles & Co. v. LightfootSupreme Court of Alabama · 1855
- Duncan v. RoselleSupreme Court of Iowa · 1864
- Graves & Co. v. AldenSupreme Court of Iowa · 1862
- Wright & White v. WheelerSupreme Court of Iowa · 1862
3Cited by2 opinions
- Rogers v. VerlanderWest Virginia Supreme Court · 1888
- Shields v. KeysSupreme Court of Iowa · 1868