Legal Opinion

Crary Bros. v. Hoffman

Supreme Court of Iowa

Decided January 23, 1902PublishedCited by 5 opinions

Appeal from Boone District Court. — Hon. S. M. Weaver, Judge. In its inception this was an action upon two promissory notes executed by defendant and his wife, Susan J., who was a party defendant. The action was aided by a writ of attachment which was levied on certain real estate claimed to belong to Susan J. Hoffman.

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Appeal from Boone District Court. — Hon. S. M. Weaver, Judge. In its inception this was an action upon two promissory notes executed by defendant and his wife, Susan J., who was a party defendant. The action was aided by a writ of attachment which was levied on certain real estate claimed to belong to Susan J. Hoffman. Under it, also, one W. W, Hoffman was garnished as a supposed debtor of Susan J. Subseqriently a petition in equity was filed, bringing in W, W. Hoffman as a defendant. In this pleading it is alleged that prior to the levy of the writ of attachment aforesaid the .real estate…

1Opinion of the CourtWaterman, J.

1 *3342 ;3 *333W. W. and G-ildea Hoffman are sons of Jacob and Susan J. The conveyance to the former was, as claimed, for the benefit of both, and the consideration therefor is asserted to have been the payment by them to their mother of the wages earned by them during their minority. It is true, W. W. Hoffman. *334claims to have paid over his wages during the two years succeeding the attainment of his majority. But the amount, on his own showing, is small, and the showing far from satisfactory. If there is a consideration for this transfer, it must be found in the earnings of these two boys during…

2Cases cited2 opinions

  1. Kubic v. ZemkeSupreme Court of Iowa · 1898
  2. Cain v. DevittSupreme Court of Iowa · 1859

3Cited by5 opinions

  1. Commercial Savings Bank v. BalderstonSupreme Court of Iowa · 1935
  2. Jacobs v. JacobsSupreme Court of Iowa · 1905
  3. Scovel v. PierceSupreme Court of Iowa · 1929
  4. Winnebago Auto Co. v. BilstadSupreme Court of Iowa · 1942
  5. Cohron v. CommissionerUnited States Tax Court · 1949

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