95 Iowa 736 | Iowa | 1895
Early in March, 1894, Bullitt & Shultz, as a firm, were engaged in the hardware business in Imogene, Iowa. In the latter part of March, 1894, Bullitt sold his interest in the stock to his. partner, George Shultz. George Shultz thereafter, on the twenty-seventh of March, gave to- intervener, Bruce Shultz, his brother, a mortgage on the stock, to. secure the sum of six hundred dollars. This suit was commenced March 30, 1894, to recover a balance due for rent of the store in which the stock was kept; and thereafter, in April, an attachment, in favor of the plaintiff, was levied upon the goods. On the second of May, 1894, the intervener filed his petition, claiming the goods by virtue of his mortgage lien. Plaintiff answered the intervention petition, averring that the transaction of giving the mortgage between George and Bruce Shultz was fraudulent as to creditors, because given to hinder and delay them.
Richard Ross was a witness for plaintiff, and he testified as to two conversations with George Shultz, as to plaintiff’s debt -and the sale to Bruce Shultz, against objections. It is now insisted that the last conversation was after the mortgage was given. The evidence is not clear on that question. The district court seemed to think otherwise, by admitting the evidence, and we should not interfere.