79 Iowa 555 | Iowa | 1890
I. The defendants are mother and son. The plaintiff and the defendant .Henry Beere are husband and wife, and were married on the fifteenth .day of November, 1887. Soon after the marriage there
It is plaintiff’s theory of the case that the transfer of the property was made while under promise and in contemplation of marriage, and in fraud of her rights, and that the holding by Anna Beere should be in trust for her. With the facts as above stated, little doubt could well be entertained as to the validity of her claim. Some additional disputed facts must be determined, and aid in reaching a correct result. Appellant’s claim is that the transfer of the property to the mother was not for the consideration expressed in the bill of sale, but that it was in payment of an indebtedness due from Henry to his mother, of an amount equal to or greater than the value of the property transferred, and that in the transfer there was no fraudulent purpose. As to the fact of indebtedness, we may say that the testimony leaves the case in considerable doubt; but we think it unnecessary to decide that point, as, conceding the indebtedness, if the transfer was fraudulent as to the plaintiff, it cannot be sustained. ■ It seems to us that no serious question exists as to the purpose of Henry in making the transfer. He had for years resided on the farm of and with his mother, and worked the farm. His property was on the farm, and consisted of personal property.
But it is said by appellants, and the case may be so treated, that a fraudülent purpose on the part of Henry Beere is not enough; that Anna Beere must have participated in the fraud. The case, as to her, is very singular, conceding the indebtedness to her. She had never asked for payment, and did not expect it. The last time she saw Henry, he told her he was in a “ girl scrape,” and was going to leave the state. She says: “I suspected what the matter was.” Now, on the seventeenth of November, which was after the marriage, she received the bill of sale. She says it was sent to
As taking this case outside of the rule above cited, as to conveyances made pending the marriage treaty* and in contemplation of marriage, appellants say that the fact that Henry, after making the bill of sale, went to the plaintiff, and told her he was not going to marry her, shows that he did not, when making the conveyance, “contemplate marriage.” The position, from a legal view, is open to criticism, but we need not discuss it. The inference drawn from the facts is too broad. He was under promise of marriage, with a day fixed. He did marry her. The most that can be said is that he designed to escape marriage, if he could; but when he ever formed such a purpose is left to conjecture, — too much so to justify a finding of the fact as claimed.
II. It is next urged that the district court fixed the value of the property too high, and that the judgment is consequently too great, if it is to stand. We have examined the record with care in this respect, and think the judgment of the court below is fully sustained.
Abeibaied.