Wallace v. Bartle
Supreme Court of Iowa
Appeal from linn District Gouo't. Tms controversy relates to the N. E. J, sec. 9, T. 86, R. 8. S. M. Brice was the owner of a land warrant issued to one Frazier, and on the 21st July, 1854, entered therewithj in the name of said Frazier, this tract of land. March 9, 1857, Brice and wife, by warranty deed, conveyed this land, with other real estate, to his mother Margaret, the said sale being without consideration, and intended to defraud creditors.
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Appeal from linn District Gouo't. Tms controversy relates to the N. E. J, sec. 9, T. 86, R. 8. S. M. Brice was the owner of a land warrant issued to one Frazier, and on the 21st July, 1854, entered therewithj in the name of said Frazier, this tract of land. March 9, 1857, Brice and wife, by warranty deed, conveyed this land, with other real estate, to his mother Margaret, the said sale being without consideration, and intended to defraud creditors. This deed was filed for record the day of its execution. April 24, 1862, S. M. Drice and wife sold the same property to the defendant Bartle, for…
1Opinion of the CourtWright, J.
i. juotciai. tira?™?111' tice. Two or three propositions must be regarded' as well settled, in connection with this controversy, Among them may be mentioned the following: While the legal title'was in Frazier when S. M. Brice conveyed to his mother and afterward sold to Bartle, the beneficial interest was in said S. M., and the subsequent decree of December, 1863, confirming this interest, inured to the benefit of liis grantee and vendee. That is to say, this decree, based, as it was, upon an equity existing in Brice at the time of his conveyance to his mother, and the contract with Bartle,…
2Cases cited8 opinions
- Vattier v. HindeSupreme Court of the United States · 1833
- FITZSIMMONS & OTHERS v. Ogden & OthersSupreme Court of the United States · 1812
- Vannice v. BergenSupreme Court of Iowa · 1864
- Roberts & Boyd v. AndersonNew York Court of Chancery · 1818
- Grosvenor v. AllenNew York Court of Chancery · 1841
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