97 Iowa 659 | Iowa | 1896
On the twenty:seventh day of February, 1894, the plaintiff recovered a judgment agains't the defendant, Henry Montgomery, in the sum of two thousand and one dollars, for alienating the affections of, and seducing his (plaintiff’s) wife. It is alleged that plaintiff’s cause of action on which the judgment-was rendered, accrued prior to December 28* 1892. On the twenty-ninth day of December, 1892, the defendant, Henry Montgomery, conveyed certain real estate, consisting of about two hundred and sixty acres, to his wife, the defendant, Annie Montgomery. It is alleged that this conveyance was without consideration; that it was made with intent to cheat, hinder, delay, and defraud the creditors of Henry Montgomery,
It is not important that we determine whether the deed in question is void because of the incapacity of Henry Montgomery to.make it. If it be conceded that he had the legal capacity, or if- it be found that after the discharge of the guardian, which occurred more than three months prior to the bringing of this suit, he ratified and adopted the same, yet, as the conveyance was in fact fraudulent, the defendant, Annie Montgomery, cannot rely upon it and hold the land as against the plaintiff.
Appellee complains of that part of the decree establishing a lien for the sum of eight hundred dollars, and interest, - in favor of appellant. As he does not appeal, we cannot give him any relief, even if we should conclude that he was entitled to it.