Brainard v. Van Kuran
Supreme Court of Iowa
Appeal from Clinton District Court. On the 9th day of September, 1865, the plaintiff recovered judgment against the defendant, Isaac Van Kuran, in the Clinton District Court, for the sum of $2,633.08 and costs, and, on the 23d, he caused execution to issue thereon.
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Appeal from Clinton District Court. On the 9th day of September, 1865, the plaintiff recovered judgment against the defendant, Isaac Van Kuran, in the Clinton District Court, for the sum of $2,633.08 and costs, and, on the 23d, he caused execution to issue thereon. It was levied, shortly thereafter, on the interest of Isaac Yan Kuran in certain real and personal property in the town of Clinton; but all the real estate was claimed by the co-defendant, Cynthia Yan Kuran, wife of Isaac ; and nearly all the personal property (consisting principally of the machinery and stock of the Clinton car…
1Opinion of the CourtWright, J.
1. Fraudulent conveyance: remedy of creditor. I. As to the equity cause. The object of the petition, after the levy and before the sale, was to discover the true and real nature of the debtor’s interest in the property, it being alleged that it was held in the wife’s name, in secret trust for the husband, and in fraud of the *264rights of his creditors. According to the testimony, there was no other visible property from which the debt could be made, for, as the debtor himself states, “ nine-tenths, or ninety-nine one-hundredths,” was conveyed by the mortgage. In such a case it is not necessary,…
2Cases cited4 opinions
- Torbert v. HaydenSupreme Court of Iowa · 1861
- Loving v. PairoSupreme Court of Iowa · 1860
- Laing v. CunninghamSupreme Court of Iowa · 1864
- Barker v. BrownSupreme Court of Iowa · 1863
3Cited by5 opinions
- Henderson, Et Vir. v. UsherSupreme Court of Florida · 1936
- Galloway v. HamiltonWisconsin Supreme Court · 1887
- Citizens' State Bank v. Council Bluffs Fuel Co.Supreme Court of Iowa · 1894
- Enright v. GrantUtah Supreme Court · 1887
- O'Shea v. PayneSupreme Court of Missouri · 1884