Letz v. Smith
Supreme Court of Iowa
Appeal from Adair District Court.- — -Hon. J. HE Hendeeson, Judge. This is a suit in equity to subject certain real estate to the payment of a judgment in favor of the- plaintiff, and against the defendant J. D. Smith. The defendants are husband and wife.
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Appeal from Adair District Court.- — -Hon. J. HE Hendeeson, Judge. This is a suit in equity to subject certain real estate to the payment of a judgment in favor of the- plaintiff, and against the defendant J. D. Smith. The defendants are husband and wife. After the cause of action upon which the judgment was rendered accrued, but before suit was brought thereon, the husband conveyed the real estate to Ms wife, and the plaintiff claims that the conveyance was fraudulent as to the creditors of the husband. There was a decree for the plaintiff, and th*?-defendant Sarah J. Smith appeals.
1Opinion of the CourtRothroek, J.
The land sought to be subjected to the payment of the judgment consists of a farm of one hundred and sixty acres, which the defendants *302occupy as a home. The decree from which the appeal is taken exempts the homestead from its operation. The question to be determined is whether the title taken by the wife from the husband is valid as against the plaintiff’s judgment. This must be determined by the evidence. Without repeating the testimony in detail, we will state the facts which appear to us to be established by a fair preponderance of the evidence. The defendants were married in the year…
2Cases cited4 opinions
- Hanson v. ManleySupreme Court of Iowa · 1887
- Jones v. BrandtSupreme Court of Iowa · 1882
- Romans v. MadduxSupreme Court of Iowa · 1889
- Watson v. RiskamireSupreme Court of Iowa · 1876
3Cited by3 opinions
- Harvey v. PhillipsSupreme Court of Iowa · 1922
- Woods v. AllenSupreme Court of Iowa · 1899
- Uttvits v. PolsleySupreme Court of Iowa · 1941