96 Iowa 233 | Iowa | 1895
III. Defendant called Henry Neble as a witness, and was permitted over plaintiff’s objections, to inquire of him as to the disposition made by him of his property, including that received from Boese, to his wife and others soon after the conveyance from Boese to him. Plaintiffs cite the rule that declarations of a grantor after he has parted with title are not admissible against his grantee, and contend that evidence as to Neble’s disposition of his property was inadmissible. “An exception to this rule is where the grantor and the grantee conspire together to defraud third persons.” Allen v. Kirk, 81 Iowa, 664 (47 N. W. Rep. 906). It is alleged that Boese and Neble so conspired, and that the mortgage to plaintiff was voluntary, and without consideration. This evidence tends to support the charge of conspiracy, and the transactions proven were so connected in point of time and' circumstances as to constitute a part of the res gestae, and were admissible.