Carn v. Royer
Supreme Court of Iowa
Appeal from FranMin Bistriet Court. ActioIn in equity to subject certain personal property to the payment of a judgment held by the plaintiff against the defendant M. G-. Royer. Margaret J. Royer, wife of M. G. Royer, and George Beed are made defendants as claiming some interest in the property. The property consists of certain grain grown upon a farm leased by George Beed to Mrs. Royer.
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Appeal from FranMin Bistriet Court. ActioIn in equity to subject certain personal property to the payment of a judgment held by the plaintiff against the defendant M. G-. Royer. Margaret J. Royer, wife of M. G. Royer, and George Beed are made defendants as claiming some interest in the property. The property consists of certain grain grown upon a farm leased by George Beed to Mrs. Royer. The plaintiff levied an execution upon the grain as belonging in equity to M. G. Royer, except so far as George Beed had an interest in the same for the security or payment of his rent. He prays that the lien…
1Opinion of the Court
Adams, Oh. J.
The plaintiff insists that, notwithstanding the grain was grown upon a farm leased, to Mrs. Eoyer, she ought not to be allowed to hold the grain as against the plaintiff, who is a judgment creditor of her husband, because as he avers she took the lease as a mere fraudulent device to hinder and delay her husband’s creditors.
The evidence shows that M. G. Eoyer was insolvent; that Beed refused to lease the farm to him because he was insolvent; that to- enable the Eoyer family, however, to live upon and cultivate the farm he leased it to Mrs. Eoyer; that the work in carrying on the…
2Cases cited2 opinions
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- Brown v. WebberMassachusetts Supreme Judicial Court · 1850
3Cited by4 opinions
- Hossfeldt v. DillSupreme Court of Minnesota · 1881
- Hoag v. MartinSupreme Court of Iowa · 1890
- Bolter v. GirtonSupreme Court of Iowa · 1895
- Patterson v. JohnsonSupreme Court of Iowa · 1882