Gilbert, Hedge & Co. v. Glenny
Supreme Court of Iowa
Appeal from Monroe District Court. — Hon. Dell Stuart, Judge. Action in equity to subject certain real estate, the title to which is in the defendant Mary Glenny, to the payment of a judgment against the defendant William H. Glenny, on the alleged ground that the property was conveyed to Mary Glenny in fraud of the creditors of William H. Glenny, who is her husband. There was a decree in the court below dismissing the petition, and the plaintiffs appeal.
1Opinion of the CourtRothrock, J.
1. Fraudulent conveyance: husband and wife: burden of proof. — The property in question consists of a dwelling-house and lot, which was purchased by the defendants in March, 1886, and the title was taken, and is now held, by Mary 3 , _ 3 J GrLenny* The burden of proof was on the plaintiffs to show that she was not the real owner, but that the consideration for the property moved from her husband. The court below was of the opinion that the plaintiffs failed to make the necessary proof, and a careful examination of the evidence has led us to the same conclusion. It appears from the evidence…
2Cases cited2 opinions
- Mewhirter v. HattenSupreme Court of Iowa · 1875
- Jones v. BrandtSupreme Court of Iowa · 1882
3Cited by13 opinions
- Bohanan v. MaxwellSupreme Court of Iowa · 1921
- Tischler v. RobinsonSupreme Court of Florida · 1920
- Aultman Engine & Thresher Co. v. GreenleeSupreme Court of Iowa · 1907
- Payne v. WilsonSupreme Court of Iowa · 1888
- Carse v. RetickerSupreme Court of Iowa · 1895
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