Johnson v. Pennell
Supreme Court of Iowa
Appeal from Clarice District Court. Plaintiff is the owner of a judgment for $1,352.98 and costs, obtained by the First National Rank of Osceola against the defendants Edson Pennell and O. G-. Pennell.
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Appeal from Clarice District Court. Plaintiff is the owner of a judgment for $1,352.98 and costs, obtained by the First National Rank of Osceola against the defendants Edson Pennell and O. G-. Pennell. He brought this action to subject certain real estate, the title to which is alleged to be in defendant Charles R. Simmons, to the payment of said judgment, on the ground, as is alleged, that the Pennells are the actual owners of the property, and that the title thereto is held by Simmons in trust for them, and is so held for the purpose of fraudulently covering the property and preventing its…
1Opinion of the CourtReed, J.
It is alleged in the petition that the Pennells were the owners of a large quantity of lands in Olarke county, the title to which was held by themselves, and that, being involved in debt, they entered into a corrupt agreement with Simmons, by which they agreed to execute to him a sham mortgage on the premises; and that, in pursuance of this agreement, they did execute and deliver to him a mortgage thereon, but that the same was made without any consideration, and was received by Simmons solely for the purpose of hindering and delaying the creditors of the Pennells in the collection of their…
2Cited by3 opinions
- Overhouser v. American Cereal Co.Supreme Court of Iowa · 1905
- Manning v. MaytubbySupreme Court of Oklahoma · 1914
- Tracy Land Co. v. Polk County Land & Loan Co.Supreme Court of Iowa · 1906