105 Iowa 642 | Iowa | 1898
— This action was begun May 31, 1895, to-foreclose a mortgage on the east forty-seven feet of lot 3, in block C, in Preston, Jackson county, executed June 22,1893, by John A. Purinton and wife to the plaintiff, to-secure the payment of a note of one thousand and five hundred- dollars. The defendant Poster recovered one judgment against John A. Purinton December 15,1893,, for the sum. of two- hundred and twenty-nine dollars, and fourteen cents and costs, and another on May 21, 1895, for the sum of one thousand and six hundred dollars and. costs. While these judgments are subsequent in time to the mortgage, the indebtedness was incurred prior thereto. The amended answer alleges that the real estate covered by plaintiff’s mortgage is the only property of Purinton subject to- execution, does not exceed in value the amount of the mortgage, and that the mortgage was executed for the purpose of hindering, delaying, and defrauding creditors.