46 Iowa 667 | Iowa | 1877
I. It may be admitted that Margaret J. Tuttle acquired title to the land with the fraudulent purpose, on the part of herself and husband, to defeat his creditors and without consideration, although we think the evidence falls far short of establishing this conclusion satisfactorily. The testimony conclusively establishes, in our opinion, that plaintiff purchased the land for a sufficient consideration paid to Mrs. Tuttle, without notice of the informality of the title on account of the alleged fraud of his grantor, and without actual notice of the levy of the attachment at the suit of defendant upon the land. The testimony uj>on this branch of the case points only in the direction of plaintiff’s good faith, entire ignorance of the alleged fraud, and the payment of a full or a sufficient consideration for the land. The.evidence of himself, and of Tuttle and Mrs. Tuttle, is, explicitly and clearly, to this effect. There is no contradictory testimony, excepting the statement of a witness of an indefinite recollection that plaintiff said, in a conversation in presence of defendant, he purchased the land of Tuttle. But the defendant himself fails to corroborate this
The cause being tried de novo in this court, a decree to this effect will be entered here.
Reversed.