Legal Opinion

Cass County Bank v. Weber

Supreme Court of Iowa

Decided May 28, 1891PublishedCited by 8 opinions

.Appeal from Cass District Court. — Hon. H. E. Deemer, Judge. Tbóe defendants, G-eorge and L. A. Weber, are-husband and wife. G-eorge Weber is a judgment debtor to the plaintiff bank. In 1885 G-eorge Weber conveyed-to his wife eighty acres of land and four lots in the city of Atlantic, and this action is to set aside the conveyance as in fraud of the plaintiff’s rights as a judgment creditor.

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.Appeal from Cass District Court. — Hon. H. E. Deemer, Judge. Tbóe defendants, G-eorge and L. A. Weber, are-husband and wife. G-eorge Weber is a judgment debtor to the plaintiff bank. In 1885 G-eorge Weber conveyed-to his wife eighty acres of land and four lots in the city of Atlantic, and this action is to set aside the conveyance as in fraud of the plaintiff’s rights as a judgment creditor. The issues involve, the Iona fides of the-transfer, and also the homestead character of the lots in the city of Atlantic. The district court made the-following findings of fact and judgment entry.…

1Opinion of the CourtGranger, J.

*661. Fraudulent conveyances: transactions between husband and wife. *65I. This case, as to its facts in detail, is like many another, where a wife has money *66in her own right which she gives to her -, . -, „ . ... , husband for general use, without any ..... agr6em©:£1<; or expectation that it is a loan, or creates any obligation for payment, until in later years, when, through the vicissitudes of fortune, the transaction is made a means of protecting her husband’s property against his creditors. From the evidence, though quite conflicting in many respects, the district court found that the…

2Cases cited5 opinions

  1. Rhodes, Pegram & Co. v. McCormickSupreme Court of Iowa · 1857
  2. Johnson v. MoserSupreme Court of Iowa · 1885
  3. Horner v. RowleySupreme Court of Iowa · 1879
  4. Mayfield v. MaasdenSupreme Court of Iowa · 1882
  5. Dierks Bros. & Lamson v. Walrod & SonSupreme Court of Iowa · 1885

3Cited by8 opinions

  1. Shellenberger v. NourseIdaho Supreme Court · 1911
  2. Groneweg v. BeckSupreme Court of Iowa · 1895
  3. Olsen v. LohmanSupreme Court of Iowa · 1944
  4. Buckles v. MatsonSupreme Court of Iowa · 1916
  5. Edmonds v. DavisSupreme Court of Iowa · 1904

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