Garner v. Fry
Supreme Court of Iowa
ippeal from Van Burén District Court. — Hon. F. W. Eiohelberger and Hon. M. A. Boberts, Judges. The plaintiffs are creditors of John W. Fry, who made an assignment, February 3, 1894. He executed a mortgage to his wife, January 1, previous, securing the payment of three thousand dollars, and' this action was brought to set aside such mortgage as fraudulent. Decree for defendants, and plaintiffs appeal.
Read the full summary
ippeal from Van Burén District Court. — Hon. F. W. Eiohelberger and Hon. M. A. Boberts, Judges. The plaintiffs are creditors of John W. Fry, who made an assignment, February 3, 1894. He executed a mortgage to his wife, January 1, previous, securing the payment of three thousand dollars, and' this action was brought to set aside such mortgage as fraudulent. Decree for defendants, and plaintiffs appeal. Thereafter the plaintiffs applied for an order restraining Mrs. Fry from foreclosing her mortgage, and they also appeal from an order denying such relief.
1Opinion of the CourtLadd, J.
*517 1
2
*5183 *516The important question presented relates to the execution of a mortgage by Fry to-his wife, securing the payment of two notes of one thousand, five hundred dollars each. The facts are somewhat peculiar. When married, in 1876, both were without means other than necessary to begin housekeeping. In 1888 there was owing her one hundred and ten dollars *517for millinery and household goods sold in Kansas, for which he gave her a due bill. In 1890 he sold thirty acres of land, the title to which was in her name, and executed to her a note of six hundred dollars in payment therefor. In 1892 he had…
2Cases cited11 opinions
- Rutherford v. McIvorSupreme Court of Alabama · 1852
- Goll & Frank Co. v. MillerSupreme Court of Iowa · 1893
- Linton v. CrosbySupreme Court of Iowa · 1880
- Reiff v. HorstCourt of Appeals of Maryland · 1880
- McKee v. ReynoldsSupreme Court of Iowa · 1869
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- First National Bank v. EichmeierSupreme Court of Iowa · 1911
- Hamill v. Joseph Schlitz Brewing Co.Supreme Court of Iowa · 1913
- Vosburg v. MallorySupreme Court of Iowa · 1912
- Kolb v. MallSupreme Court of Iowa · 1919
- Browning v. KannowSupreme Court of Iowa · 1926
14 more not listed; retrieve them via the Exa API.