Johnson v. McGrew
Supreme Court of Iowa
Appeal from Keokuk District Court. Bill to set aside a conveyance made by William McGrew to his son, James McGrew, of certain real estate situated in Keokuk County.
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Appeal from Keokuk District Court. Bill to set aside a conveyance made by William McGrew to his son, James McGrew, of certain real estate situated in Keokuk County. The complainant alleges that said real estate embraced all of the property of said William, non-exempt from execution, that the conveyance thereof was made without consideration and for the purpose of hindering and ' delaying the complainant in the collection of a certain indebtedness of the said William to him, upon which an action was then pending in the District Court of Keokuk County. The other facts material to an…
1Opinion of the CourtWeight, J.
Without referring to the facts of this case in detail, it may be disposed of by the statement of a few general propositions.
I. A transfer by an insolvent debtor of all his property in actual payment or discharge of a pre-existing debt, though he have other creditors known to the transferee, is not fraudulent per se, nor is such transfer prohibited by our laws. Unaccompanied by actual fraud, such a conveyance or transfer is valid against other creditors. Cowles v. Ricketts, 1 Iowa 582.
II. At common law, a debtor may prefer any one of his creditors by payment of his debt, or by conveying in…
2Cases cited5 opinions
- Brashear v. WestSupreme Court of the United States · 1833
- Wilkes & Fontaine v. FerrisNew York Supreme Court · 1810
- Burrows v. LehndorffSupreme Court of Iowa · 1859
- Widgery v. HaskellMassachusetts Supreme Judicial Court · 1809
- Cowles & Co. v. RickettsSupreme Court of Iowa · 1855
3Cited by9 opinions
- Danner & Co. v. Brewer & Co.Supreme Court of Alabama · 1881
- South Branch Lumber Co. v. OttSupreme Court of the United States · 1892
- State ex rel. Brown v. MitchellSupreme Court of North Carolina · 1889
- Stroff v. Swafford Bros.Supreme Court of Iowa · 1891
- Brown v. . MitchellSupreme Court of North Carolina · 1889
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