Searing v. Berry
Supreme Court of Iowa
Appeal from, Black Hawk District Court. Action in chancery to set aside certain deeds of real estate and assignments of two judgments made by defendant, Samuel Berry, to Ezra S. Newton, which are alleged to have been made to defraud plaintiff, who is a creditor of Berry, by hindering and preventing him from enforcing certain judgments held by him against Berry. Newton and his wife and the wife of Berry are joined as defendants in the action.
Read the full summary
Appeal from, Black Hawk District Court. Action in chancery to set aside certain deeds of real estate and assignments of two judgments made by defendant, Samuel Berry, to Ezra S. Newton, which are alleged to have been made to defraud plaintiff, who is a creditor of Berry, by hindering and preventing him from enforcing certain judgments held by him against Berry. Newton and his wife and the wife of Berry are joined as defendants in the action. There was a decree granting the relief prayed for in the petition. Defendants appeal.
1Opinion of the CourtBeck, J.
I. The plaintiff is the assignee of judgments against the defendant, Samuel Berry, one in favor of the City Exchange Bank of La Porte, one in favor of H. B. Allen, and three in favor of Henry Barden. The dates, amounts, •and other particulars of each of these judgments are set out in the abstract and need not be here recited. Prior to the rendition of these judgments, Berry conveyed to the defendant, Ezra Newton, more than one thousand acres of land and transferred two judgments for $2,000 each and costs, upon which there was due more than three years interest, at the *22rate of ten per centum…
2Cases cited8 opinions
- Cottle v. ColeSupreme Court of Iowa · 1866
- Farwell v. TylerSupreme Court of Iowa · 1858
- Johnston v. BeldenSupreme Court of Iowa · 1878
- City of Keokuk v. LoveSupreme Court of Iowa · 1870
- Bones v. AikenSupreme Court of Iowa · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Sprint Communications Co. v. APCC Services, Inc.Supreme Court of the United States · 2008
- Nelson v. WebsterNebraska Supreme Court · 1904
- Flynn v. Chicago Great Western RailroadSupreme Court of Iowa · 1913
- Anglo-American Land, Mortgage & Agency Co. v. BushSupreme Court of Iowa · 1892
- Ingram v. Nationwide Mutual Insurance CompanySupreme Court of North Carolina · 1963
10 more not listed; retrieve them via the Exa API.