Eisfield & Co. v. Dill
Supreme Court of Iowa
Appeal from Louisa Cirouit Court. These are equitable actions, and involve the validity of a conveyance of a farm of 160 acres, and a chattel- mortgage upon the personal property upon 'the farm. Charlotte Dill, the plaintilf in one action and ■ a defendant in the other, is the wife of David W. Dill. Eisñeld and Schoeneman Bros & Oo. are creditors of David W. Dill. The conveyance of the farm and the chattel mortgage were executed by David W. Dill to Charlotte Dill.
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Appeal from Louisa Cirouit Court. These are equitable actions, and involve the validity of a conveyance of a farm of 160 acres, and a chattel- mortgage upon the personal property upon 'the farm. Charlotte Dill, the plaintilf in one action and ■ a defendant in the other, is the wife of David W. Dill. Eisñeld and Schoeneman Bros & Oo. are creditors of David W. Dill. The conveyance of the farm and the chattel mortgage were executed by David W. Dill to Charlotte Dill. The creditors claim that said instruments are void as to them, because they were made and executed in fraud of their rights.as…
1Opinion of the CourtRothrock, J.
1. Fraudulent Conveyance: burden of proof: evidence. It appears from the evidence that Charlotte Dill and her husband, David W. Dill, are past sixty years of age. They were married prior to 1856, and resided in the city of Philadelphia. They removed to this state some thirty years ago, and have been living on the farm in question for more than twenty years. The title to the farm was in the husband. One of their sons embarked in the mercantile business, and after a time it became necessary for his father to become security for him upon certain promissory notes given to the creditors of the…
2Cases cited2 opinions
- People v. BrothertonCalifornia Supreme Court · 1874
- Wolf v. ChandlerSupreme Court of Iowa · 1882
3Cited by3 opinions
- State v. SmailsWashington Supreme Court · 1911
- Tally v. CrossSupreme Court of Alabama · 1899
- Putnam v. Hamilton-Stoddard-McCormickSupreme Court of Iowa · 1913