Legal Opinion

Gardner v. Cole

Supreme Court of Iowa

Decided October 4, 1866PublishedCited by 13 opinions

Appeal from Johnson Disi/riot Oourt. Fraudulent conveyances : Stat. 27 Eliz., &c. — This is a suit in equity against Jerome Oole, Anthony Cole and others, to enjoin a law action brought in behalf of the said Jerome, by his next friend, to recover the rents and profits of a certain lot.

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Appeal from Johnson Disi/riot Oourt. Fraudulent conveyances : Stat. 27 Eliz., &c. — This is a suit in equity against Jerome Oole, Anthony Cole and others, to enjoin a law action brought in behalf of the said Jerome, by his next friend, to recover the rents and profits of a certain lot. Without setting forth the pleadings, it will be sufficient to state that, from them and the exhibits and testimony, the following facts are either admitted or clearly established. 1. That in 1858, Anthony Oole owned and was in possession of eighteen by one hundred and fifty feet of lot two, block eighty-one,…

1Opinion of the CourtDillon, J.

i. fraud: nnceU’ EU¿ 1. The statute of 13 Elizabeth intended to protect creditors against fraudulent transfers of property by debtors, and the statute of 27 EUzabeth, designed to protect subsequent good faith purchasers of real estate against fraudulent or *210feigned and collusive transfers, have never been legislatively re-enacted in this State. But antedating as these statutes do the settlement of this country, and being mainly, if not wholly, declaratory of the common law, which set a face of flint against frauds in every shape, they constitute.the basis of American jurisprudence on these…

2Cases cited7 opinions

  1. Lancaster v. DolanSupreme Court of Pennsylvania · 1829
  2. Verplank v. SterryCourt for the Trial of Impeachments and Correction of Errors · 1815
  3. Salmon v. BennettSupreme Court of Connecticut · 1816
  4. Sterry v. ArdenNew York Court of Chancery · 1814
  5. Ricker v. HamMassachusetts Supreme Judicial Court · 1817

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3Cited by13 opinions

  1. Ziska v. ZiskaSupreme Court of Oklahoma · 1908
  2. Mickel v. WalravenSupreme Court of Iowa · 1894
  3. Bristow v. LangeSupreme Court of Iowa · 1936
  4. Skinner v. Southern Grocery Co.Supreme Court of Alabama · 1911
  5. Cerro Gordo County v. Boone CountySupreme Court of Iowa · 1911

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