66 Iowa 507 | Iowa | 1885
The objection was overruled, and jdaintiff was required to answer the questions. This ruling is assigned as error. Under the issue it was material to inquire as to the financial condition of E. M. Clark at the time of the sale; and whether plaintiff had knowledge of that condition when he made the
Defendant’s claim is that Clark procured the title to the real estate purchased from Grove to be conveyed to his son for the purpose of covering the property from his creditors. The question, then, which was raised by the objection is whether the fact that Clark, in the transaction with Grove, caused the property which he purchased from him to be conveyed to his son with intent thereby to cover it from his creditors, is admissible as evidence that the transfer of the property in question was made with a like fraudulent intent. It will be observed that the transactions are entirely distinct. The one with Grove occurred years before the occurrence of the one with plaintiff. They relate to different properties and were between different parties. The facts of the transaction between the witness and Grove were not relevant to the issues in the case. Nor were they relevant to the facts which were put in issue by the pleading. We think, then, that, under the elementary rule “ that the evidence must correspond with the allegations and be confined to the point in issue,” the evidence in question should have been excluded. 1 Greenl. Ev., § 50; Stevens, Dig. Ev., a. 1. The question with reference to the interest of the witness in said farm should also have been excluded under the same rule. And, in addition to that, defendant was not entitled to ask them on
Defendant had the right to have the question, whether any transfer of the property had been made before the time of the alleged statement, passed upon by the jury. If the transfer was not made until after that time, the motives and intentions of the witness at the time were material. We think, therefore, that the evidence of this statement was properly admitted. The questions necessary for laying the foundation for the admission of the evidence of this statement were not asked during the cross-examination of the witness; but after jdaintiff had rested, and defendant had introduced a portion ■ of his testimony, he asked leave to recall the witness for the ^purpose of then asking such questions, and, against plaintiff’s objection, leave to do this was granted by the court. This action of the court affords no ground of exception. The matter was within the discretion of the court, and no abuse .of discretion is shown.
Beversed.