Gear v. Schrei
Supreme Court of Iowa
Appeal from Des Moines Circuit Court. Action to subject certain town lots, the title to which is in the defendant Caroline Schrei, to the payment of certain judgments held by the plaintiffs against the defendant Adolph Schrei, husband of Caroline Schrei.
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Appeal from Des Moines Circuit Court. Action to subject certain town lots, the title to which is in the defendant Caroline Schrei, to the payment of certain judgments held by the plaintiffs against the defendant Adolph Schrei, husband of Caroline Schrei. The lots were conveyed to Caroline Schrei by one Widick, but the plaintiffs aver-that they were purchased of Widick by Adolph Schrei; that they were paid for by a consideration furnished by him, and were in fact his property. The defendants deny that the lots are the property of Adolph Schrei, and aver that they are the property of Caroline…
1Opinion of the CourtAdams, J.
1. voiuxTiVEY COTIveyance: by evidence. I. The evidence shows clearly that at the time of the execution of the deed of the lots hy Widick to Mrs. Schrei, her husband was largely in debt and insolvent: that he owed the debts for which the jndgments in question were rendered; that the trade for the lots was negotiated wholly by him; that Mrs. Schrei had no knowledge that a deed of the lots had been executed to her until long after it was done, and that the consideration received by Widick was the cancellation of certain indebtedness due from him to her husband. Her claim to the lots, if it has…
2Cited by5 opinions
- Claflin & Thayer v. AmbroseSupreme Court of Florida · 1896
- Geiser Manufacturing Co. v. KrogmanSupreme Court of Iowa · 1900
- Gibson v. McIntireSupreme Court of Iowa · 1900
- Myers, Tice & Co. v. SnyderSupreme Court of Iowa · 1895
- Platt v. SchreyerU.S. Circuit Court for the District of Southern New York · 1885