86 Iowa 661 | Iowa | 1892
The petition alleges that on or about the first day of December, 1883, défendant J. M.
The answer denies all allegations of fraud and bad faith, and the alleged insolvency of Lucius and Rebecca Raymond, and alleges that the deed and bills of sale were made in good faith to secure valid and subsisting indebtedness. A temporary receiver was appointed in April, 1890, and on the twentieth day of the next September judgment was rendered on the note in favor of the plaintiff for the sum of five thousand and twenty-two dollars and fifty cents, with interest and costs. The district court adjudged the deeds to Lucius and Rebecca Raymond to be fraudulent and void as against the plaintiff ; that the land belonged to J. M. Raymond, and, as
It is claimed by the appellants that the father was really owing Lucius one thousand, four hundred and fifty dollars when the transfers of property were made, and that, in addition, he agreed, as a part of the consideration of the transfers, to pay certain debts of his father, which he has done. It appears that he had worked for his father four years at the agreed price' of twenty-five dollars per month, and board and expenses when away from home; that he owned a farm of one hundred and sixty acres, and had sold his father corn to .the amount of two hundred and fifty dollars; and that he had furnished his father pasturage and some posts. What he had received from his father is not very clearly shown, but he admits having received money and clothing, and it is doubtful if his father was owing him the amounts named in the bills of sale and deed when they were given. In addition to receiving pay on his claims against his father, Lucius agreed, if there was anything left,, to pay claims-held by George Soper, Dollie Tucker, Lucius Tucker, and the First National Bank of Missouri Valley; and, if there was anything left after those claims were paid, his sister, Rebecca, was to receive one half of it. He paid some of the claims, but it appears that the'amount so paid was largely from the proceeds of steers and corn not included in the bills of sale, and that what he paid from other sources amounted to but a few hundred dollars at most, probably to less than two hundred in all. He also paid some claims which were not included
The decree of the district court setting aside the conveyances of real estate, and making it subject to the payment of the judgment recovered on the note of J. M. Raymond, is affirmed, excepting as to the homestead. The rents and profits of the real estate, the conveyances of which are set aside, are subject to the payment of the judgment if taken by due process of