129 Iowa 317 | Iowa | 1906
The mother of L. E. Campbell died in New York in 1897, holding a claim against him on which judgment was rendered against him in this state in the year 1901 for $1,544. This claim, it appears, originated in 1869. The indebtedness was denied by L. E. Campbell, and from the judgment he appealed to this court, and the judgment was affirmed in 1903. Soon after the claim was first made against L. E. 'Campbell in 1897 by the administrator of his mother’s estate, he conveyed to his son, Frank W. Campbell, 170 acres of land in Hardin county for the consideration of $1,000 paid in cash and an agreement on the part of grantee to pay $500 to his sister, Lulu E. Campbell, now Mrs. Jackson, codefendant in this action. About the same time he conveyed an 80-acre tract of land to Lulu E. Campbell, and another 80-acre tract to Harry Campbell, subject to an obligation to pay $500 to said Lulu E. Campbell. The land conveyed to Harry Campbell has since been purchased by Charles E. Jackson, husband of Lulu E., and, as Jackson is shown to be a purchaser for value, the conveyance cannot be set aside as to him. It appears, however, that the conveyance to Frank W. Campbell was without consideration, save as to the $1,000 paid, and the assumption of the obligation to Lulu E. Campbell to pay $500, and the land is agreed to have been worth at that time $35 an acre. The conveyance to Lulu E. Campbell was wholly voluntary, as was also the conveyance to Harry Campbell, saving the $500 agreed to be paid to Lulu E. Campbell.
It appears from the evidence that at the time these voluntary conveyances were made L. E. Campbell was not indebted otherwise than on this claim in favor of his mother’s estate, and he had remaining the $1,000 received from his son, Frank W. Campbell, paid as part consideration for the conveyance to him, a claim of $500 against one Hass, which was subsequently collected by judicial proceedings, and $4,700 in notes received in part consideration of the sale of his former homestead in Chicago, and secured by mortgage on the property. If this personal property was subject to the claims of creditors, and was reasonably available within the state for the satisfaction of his indebtedness to plaintiff, then he had ample means to meet such -claims, and the voluntary conveyance to his children should not be set aside in satisfaction of his indebtedness. Substantially the only contention with reference to this personal property is aé to whether the $4,700 evidenced by notes which were a part of the proceeds of the sale of the Chicago homestead, and secured by a mortgage thereon, constitute an asset available to creditors in this state.
As the primary inquiry was whether L. E. Campbell had remaining, after the voluntary conveyances were made to his children, property amply sufficient and available to meet his existing indebtedness, and as we find that he had such property, we concur in the conclusion of the trial court that plaintiff is not entitled to have the conveyances to the children set aside.
Under the record the decree of the trial court was correct, and it is affirmed.