Wright & White v. Wheeler
Supreme Court of Iowa
Appeal from Washington District Court. Bill in equity, to set aside certain conveyances made, as it is alleged, to hinder and delay complainants, as the creditors of Thomas Wheeler.
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Appeal from Washington District Court. Bill in equity, to set aside certain conveyances made, as it is alleged, to hinder and delay complainants, as the creditors of Thomas Wheeler. The cause was heard on bill, the several sworn answers of all the respondents, a general replication, and exhibits — the equities found in favor of respondents, and complainants appeal. 1. A voluntary conveyance of property by a father to his children, the donot being at the time largely indebted, is prima fade fraudulent, as to existing creditors. Vertner v. Humphreys, 14 S. & M., 130; Hawkins v. Moffilt, 10 B.…
1Opinion of the Court
Wright, J.-: Appellants insist that the following propositions are well established, and exactly applicable to the case at bar:
1. A voluntary conveyance of property by a father to his children, the donor being at the time largely indebted, is prima facie fraudulent, as to existing creditors.
*122. It is not necessary to show that the grantor was insolvent at the time. It is sufficient that he is considerably indebted to the creditor, and that no other property appears sufficient to satisfy said debt, other than that contained in the conveyance.
3. When the grantor remains in possession of the whole…
2Cases cited2 opinions
- Fifield v. GastonSupreme Court of Iowa · 1861
- Johnson v. McGrewSupreme Court of Iowa · 1860
3Cited by2 opinions
- Day v. JonesSupreme Court of Florida · 1898
- Mitchell & Sons v. SawyerSupreme Court of Iowa · 1866