Bailey v. McGregor
Supreme Court of Iowa
Appeal from Franklin? Circuit Court. In chancery. The petition alleges that plaintiff is the owner of certain land situated in Franklin county, which he purchased of Margaret J. Tuttle; that defendant, McGregor, prior to plaintiff’s purchase of the land commenced an action in Hardin county against E. S. Tuttle, and levied an attachment issued therein upon the land; that when plaintiff purchased the land he had no knowledge of the suit; that, subsequently to his purchase,…
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Appeal from Franklin? Circuit Court. In chancery. The petition alleges that plaintiff is the owner of certain land situated in Franklin county, which he purchased of Margaret J. Tuttle; that defendant, McGregor, prior to plaintiff’s purchase of the land commenced an action in Hardin county against E. S. Tuttle, and levied an attachment issued therein upon the land; that when plaintiff purchased the land he had no knowledge of the suit; that, subsequently to his purchase, judgment was rendered in the action upon which execution has been issued and the land sold thereon, and that defendant is…
1Opinion of the CourtBeck, J.
I. It may be admitted that Margaret J. Tuttle acquired title to the land with the fraudulent purpose, on the part of herself and husband, to defeat his creditors and without consideration, although we think the evidence falls far short of establishing this conclusion satisfactorily. The testimony conclusively establishes, in our opinion, that plaintiff purchased the land for a sufficient consideration paid to Mrs. Tuttle, without notice of the informality of the title on account of the alleged fraud of his grantor, and without actual notice of the levy of the attachment at the suit of…
2Cases cited2 opinions
- Farmers' National Bank v. FletcherSupreme Court of Iowa · 1876
- Eldred v. DrakeSupreme Court of Iowa · 1876
3Cited by4 opinions
- Weare v. WilliamsSupreme Court of Iowa · 1892
- Remer v. McKayU.S. Circuit Court for the Northern District of Illnois · 1889
- Noyes v. CrawfordSupreme Court of Iowa · 1902
- Joseph v. McGillSupreme Court of Iowa · 1879