148 Iowa 348 | Iowa | 1910
The appellee is the surviving husband of Amanda De France, who died in March, 1906, seized in fee of the real estate involved in this action. The
The appellants admit that the appellee is the owner of a one-half interest in said property by descent from his wife, Amanda De France, but allege that Amanda De France w;as the absolute owner of said property, and that they, as her heirs, are entitled to an undivided one-half thereof. The appellee and Amanda De France, his wife, were married in 1884. In 1885 or 1886 the appellee went to Omaha, Neb., where he remained about six months, and during that time he was engaged in the saloon business. In October, 1886, he sold his interest in the Omaha saloon and returned to Ottumwa, Iowa. On the 16 th of October, 1886, a part of the property involved herein was purchased by the appellee, and the same was conveyed by the then owner by warranty deed to Amanda De France. In May, 1900, the rest of the property herein involved was purchased and conveyed to Amanda De France. The property first conveyed to Mrs. De France was occupied as the family homestead until her death in March, 1906. In 1889 a pop manufacturing business was established by the appellee on the homestead property. The business in all of its branches being conducted in the wife’s name, and from the profits of such business the other' property was bought and paid for.
The appellee contends, and the trial court so found, that the homestead was bought with his money, and that he at all times was the beneficial owner of the same. He also claims that he was at all times the owner of the pop business, and that it was conducted in his wife’s
It is manifest that the title to the property bought in 1900 was either bought with the wife’s money, or placed in her name for the purpose of defeating the claims of his creditors, in either of which events the appellee can have no relief.
Where title is conveyed for the purpose of defrauding creditors, equity will not restore it. Mellin Crawford Co. v. Ames, 39 Iowa, 283; Briggs v. Coffin, 91 Iowa, 329; Baldwin v. Davis, 118 Iowa, 36; Cloud v. Malvin, 108 Iowa, 52. The conduct and the statements of the appellee,
The plaintiff has failed to make a case, and the judgment must be, and it- is, reversed.