65 Iowa 178 | Iowa | 1884
I. The defendants are husband and wife. The petition shows that in 1876 a judgment was rendered against the husband, which was subsequently assigned to plaintiff; that the notes upon which the judgment was rendered were executed by the husband for an organ, purchased by both husband and wife for use in their family, and so used, and that its purchase was a part of the family expenses; that, when the suit on the notes was commenced, the husband was the owner of certain land, which he subsequently conveyed to one Bray ton, who immediately conveyed it to the wife; that these conveyances were fraudulent, being made for the purpose of defeating the plaintiff in the collection of his judgment; that, subesquent to the rendition of the judgment, the wife purchased certain village lots, the title of which, as well as the title of the land, she still retains; and that plaintiff has caused an execution to be issued upon the judgment and levied on the land and lots. The petition charges that the conveyances for the land are fraudulent, and prays that they may be so declared, and further prays that the lots may be declared to be subject to plaintiff’s judgment, for the reason that the debt for which it was rendered was contracted for family expenses. It also prays that the judgment be, for the same reason, enforced against the individual property of the wife. Tire purchase of the organ, and the existence of the debt therefor, and the rendition of the judgment, are inferentially admitted in the answer. Other allegations of the petition are denied. As further defense, it is alleged that it was agreed by the vendor of the organ that he would look to the husband alone for payment, and that the wife was not to be liable therefor; that the husband bought the instrument for the purpose of trade, and not for the use of his family, and that it was not so used in the family; that no recovery therefor has been had against the wife; and that recovery against the wife on account of the purchase of the organ is barred by the statute of limitations.
III. The district court appears to have held that the wife was not liable for the debt incurred for the organ, and that it cannot be enforced against her property, but that the conveyances of the land under which she claims are fraudulent, as alleged in the petition. Upon this view of the case, a decree was entered, declaring the land subject to plaintiff’s judgment, but holding that it cannot be enforced against the lots. The case is triable here de novo. We are required to determine the rights of the parties upon the record, without regard to the relief granted by the decree of the court below.
1Y. We find it unnecessary to inquire into the good faith and validity of the deeds under which the wife claims title to the land, for the reason that, if it be conceded that they are valid, and that her title is not tainted by fraud, the land, as well as the lots, may in this action be held subject to plaintiff’s judgment. We will proceed to state the grounds of our conclusions upon this branch of the case.
VII. The action cannot be defeated on the ground that no assignment of the claim against the wife is shown. The wife was not a party to the original contract, nor to the note. She was not a party to the action whereon the judgment was rendered. The evidence of the debt was changed from an oral contract to a note, and from the note to the judgment. The debt all the time continued the same. This debt was continually enforceable against the wife’s property. Her liability followed the debt. An assignment of the claim as against her, therefore, is not necessary to authorize plaintiff’ to bring this action. See Lawrence v. Sinnamon, supra.
Affirmed.