King v. Tharp
Supreme Court of Iowa
Appeal from Decatur District Court. Fraudulent conveyance, etc. — Plaintiff brought an action at law to recover possession of the lands in controversy. ' Defendant answered, denying plaintiff’s title, and setting up title in himself, making his answer a cross-petition in equity, alleging that the plaintiff claimed title under certain judgments against his brother .Shelton A. King, and that the judgments and the sheriff’s sales and deeds thereunder were collusive,’sham,…
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Appeal from Decatur District Court. Fraudulent conveyance, etc. — Plaintiff brought an action at law to recover possession of the lands in controversy. ' Defendant answered, denying plaintiff’s title, and setting up title in himself, making his answer a cross-petition in equity, alleging that the plaintiff claimed title under certain judgments against his brother .Shelton A. King, and that the judgments and the sheriff’s sales and deeds thereunder were collusive,’sham, fraudulent and void, and praying that they be annulled and set aside. The plaintiff took issue upon the material averments of…
1Opinion of the Court
Dillon, Ch. J.
1. Voluntary conveyance: collusive judgment. — The decree of the District Court dismissing the cross-petition of the defendant, and the answer the plaintiff thereto, without prejudice, really decided nothing except that the defendant should pay the costs of the proceeding. Both parties had at much trouble and expense, and with great care, taken testimony as to the merits of the controversy. .The cause was submitted on its merits, in the court below, and has been argued on its merits in this court. It is our opinion that the District Court ought to have decided the controverted…
2Cases cited1 opinion
- Gardner v. BakerSupreme Court of Iowa · 1868
3Cited by2 opinions
- Clark v. AnthonySupreme Court of Arkansas · 1876
- Gottlieb v. ThatcherU.S. Circuit Court for the District of Colorado · 1888