Culbertson v. Luckey
Supreme Court of Iowa
Appeal from Washington District■ Court. Creditors’ Bill. The facts are fully stated in the opinion of the court. I. That evidence sufficient to overcome the sworn statements in the answers should be equal to the evidence of two witnesses, citing 2 Story Eq. Jur. § 1528; 3 Green], E. § 287, and the authorities there referred to. The State of Iowa, exrel.
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Appeal from Washington District■ Court. Creditors’ Bill. The facts are fully stated in the opinion of the court. I. That evidence sufficient to overcome the sworn statements in the answers should be equal to the evidence of two witnesses, citing 2 Story Eq. Jur. § 1528; 3 Green], E. § 287, and the authorities there referred to. The State of Iowa, exrel. The Attorney General, v. Tilghman, 6 Iowa, 496 ; Davis v. Stevens, 3 Iowa, 158; Waldron v. Zollicoffer, 3 Iowa, 108; Pierce v. Wilson etal., 2 Id. 20 ; Chuevelte v. Mason, 4 G. Greene, 231; Clark v. Langworthy, 3 Iowa, 563. II. That when a…
1Opinion of the CourtBaldwin, C. J.
— The complainants obtained a judgment against the defendant Luekey, upon which an execution issued, and a return of no property was made. They now seek to set aside a conveyance made by the said Luekey to the defendant, Hetta J. Mitchell, which was executed and recorded prior to the date of complainants’ judgment, *15and aslc for an order of court subjecting the property thus conveyed to its payment.
The allegations in the bill, are, substantially, that the defendant Luckey made the said conveyance in contemplation of insolvency, and for the purpose of avoiding the payment of the plaintiffs’…
2Cases cited2 opinions
- Shepard v. FordSupreme Court of Iowa · 1860
- Waldron v. ZollikoferSupreme Court of Iowa · 1856
3Cited by2 opinions
- Curtis v. ValitonMontana Supreme Court · 1878
- Day v. JonesSupreme Court of Florida · 1898