29 Iowa 191 | Iowa | 1870
About the year 1839, one of the defendants, Mrs. Adaline K. Clapp, purchased of one Gossage lands amounting to about 349 acres, receiving from him a deed for about 77 acres thereof, and an obligation to convey the
Plaintiffs in this proceeding seek to subject all of the above mentioned lands to their judgment, claiming that
The defendants insist that the decree of the district court is not supported by the evidence, and to reverse the findings of fact is the object of the appeal. Upon a careful examination of the evidence, which is not voluminous, we are of the opinion that it well supports the decree of the court below. A discussion of the evidence here would not prove profitable. We may state, however, two or ■ three facts which are disclosed by the evidence, which lead us to concur with the district court. Leonard is a brother of Mrs. Clapp, and is a resident of Ohio. The land, since the alleged conveyance, has been in the possession of the other defendants. The conveyance was made to him at a time when Mrs. Clapp was pressed for payment of the claim of plaintiffs, and threatened to be sued thereon, and very near the time of the conveyance of the other lands to the sons. He gives no evidence in explanation of the transaction, and, indeed, we do not understand that the counsel of defendants complain of
The conveyance to the sons, with those of her brother, was of all the real property of Mrs. Clapp, and at or about the same time she sold them all her personal property. They had little or no property at the time, and for the lands it does not appear that they paid her any thing, the consideration being paid wholly to Mrs. Given. They were at the time living with their mother, the oldest being not much past twenty-one years of age, and the others being less than twenty. They had knowledge of the indebtedness of their mother upon the note and knew the extent of the property, and that she had, to them and their uncle, disposed of all of it. After the conveyance to them the mother continued to live with them, and there seems to have been no change in the family caused by this transaction. We do not see how the fact, which is attempted to be proved, namely, that they paid to Mrs. Given the full value of the land, can determine the case in their favor. If the object was to protect the land from their mother’s debts, the transaction would be fraudulent, notwithstanding they paid full value for the land. If property be conveyed with the design on the part of the vendor, participated in by the vendee, to defraud his creditors, the vendee’s title to the propeaty will not be protected, notwithstanding he paid a sufficient consideration therefor.
The counsel of defendants insist that the decree of the district court should have required the lands conveyed to Leonard to be first sold, and the proceeds, after paying the amount secured to Leonard, applied upon plaintiff’s judgment, and the lands conveyed to the sons to be sold to supply any amount of the judgment that may remain unpaid after such payment.
As the counsel who make this objection appear for all
Modified and affirmed.