41 Iowa 454 | Iowa | 1875
I. There was no error in the overruling of defendants’ demurrer. When the demurrer was'filed they had already filed an answer to the • original petition whereby they had waived their right to demur thereto for the grounds, assigned. - .
' III. The new matter averred in the amended answer is that the children of Bridget Reynolds knew that she was going to make the alleged fraudulent conveyance to the defendant, before the same was made, and made no objection thereto. This was no kind of a defense to the action of the county to set aside the deed for fraud, and the demurrer was therefore properly sustained thereto.
He prays that his title may be quieted to the whole farm-conveyed to him, or that he may be reimbursed his outlay and expenses and allowed a reasonable compensation for his services, labor, etc., in and about the care of the farm and family, and that the same be made a lien on the land in controversy.
It is alleged that all these transactions were in good faith and the conveyances made by said Bridget Reynolds freely for the considerations alleged. Now it would seem that, if the allegations of the cross-petition are to be taken as true, the land being the property of Bridget Reynolds, it sets up good ground for the demand that the title be quieted in the defendant. There are no interests of creditors involved; the land was the property of Bridget Reynolds, and she might lawfully convey the same for the considerations stated in the cross-petition if the same was done in good faith and without fraud on the part of the defendant. This is alleged, and for the purpose of the demurrer it is to be taken as true. We are of the opinion, therefore, that as to the cross-petition the demurrer was improperly sustained.
It was also error to render judgment upon the overruling of the demurrer to the amended answer, without the introduction of evidence in support of plaintiff’s claim, for all of the allegations of the petition were denied in the answer, forming an issue of fact which remained after the demurrer was sustained to the new matter alleged. The cause will be remanded for further proceedings in accord with this opinion.
Reversed.