91 Iowa 411 | Iowa | 1894
1. The defendants are W. J. Applegate and Gr.W. Barber. Defendant Applegate is a judgment debtor of the plaintiff, and both plaintiff and defendant are residents of Chicago, 111. On the fourteenth day of April, 1890, Applegate was the owner of eighty acres of land in Cass county, Iowa, and two lots in the city of Atlantic, and on that day, he conveyed them to defendant Barber. This action is brought to set aside the conveyance to Barber, as fraudulent, and to subject the lands to the payment of the judgment against Applegate. The action in which the judgment against Applegate was obtained, was commenced on the fourth day of April, 1891, and was aided by attachment, which was on the same day levied on the lands in question. This action to subject the land to the attachment proceeding was commenced on the same day. The decree in this case was entered January 27, 1893. A judgment against the property was entered in the attachment suit in September, 1891; and that ■fact was, byway of amendment, pleaded in this suit before the final submission of the cause. Defendant Applegate answered in this suit, denying any interest in the lands, and averring that he had conveyed them to H. M. Wyckoff, who is the intervener herein, and he shows that the lands were conveyed to him on the