25 Iowa 343 | Iowa | 1868
This is clear enough on the facts, and indeed, scarcely admits of controversy. Not only so, but there is, to our minds, clear proof that there was an actual intention to defraud. The grantor spoke of his indebtedness; of his purpose to so dispose of the farm as to save something to his family; made the deed without the knowledge of any one but the acknowledging officer, who was also the deputy recorder; enjoined secrecy upon him; after the wife’s death, consulted counsel upon his right to set the same aside; was told that creditors might, but that he could not; he continued to use, occupy and enjoy it as before, until he left the country in 1860; there was no consideration; and we entertain no doubt therefore that the conveyance was actually fraudulent; that he was regarded and treated as the owner after as well as before the making of the deed, and that creditors, relying upon his apparent and asserted ownership of the same, continued to give him credit. It was not only voluntary, but fraudulent; and the wife, so far as she knew any thing about it, participated in such intent.
We have said that the deed was voluntary. There is an attempt to show that the grantee had $200 from her father in money and property, and that the land was entered as hers- and for her, with her means; under an agreement that it was hers; that it should be conveyed, and that it accordingly was conveyed by this deed pursuant to such agreement, and that hence, in view of her equities, the conveyance should not be set aside. With every disposition, under some of the peculiar hardships of this case, to regard this claim with favor, we confess our inability to see the foundation for it in the evidence. The gift by the
The fact of the advancement rests exclusively upon his testimony, and he certainly does not stand in the most favorable light as a witness. The property was worth from $1,500 to $2,000 at the time he conveyed the same. Not until this controversy arose, or until creditors began to question the validity of the deed, was this advancement set up or relied upon to sustain it. The wife, in conversation with two witnesses at least, made statements tending strongly to show that she had nothing from her father. So that we cannot, consistently with our view of the evidence, believe that this claim has any foundation in fact. And, so finding, it becomes unnecessary to consider the rights of these children if the equity claimed had been established.
Upon these facts, plaintiff is not to be treated as a subsequent creditor. If so, however, we have seen before that the conveyance was voluntary; that there was actual fraud, and that, except in mere name, the property still belonged to the husband. This being true, even as a subsequent creditor he could be heard to question its good faith.
We are thus, after noticing the several objections urged against the decree below, brought to the conclusion, that there was no error in holding this land subject to the payment of the debts of Daniel Bradley. And yet we confess that plaintiff, in view of several matters disclosed in the record, is not entitled to the most favorable consideration. Because of this; because Bradley is not a party to this proceeding; because defendants are minors; because the property was sold for a sum very greatly under its real value; because there seems to have been a studied effort to confuse and becloud the title, which necessarily deterred persons from bidding; and because, in our opinion, no one will be injured, but the rights of these children possibly the more certainly protected, — we have concluded to modify the decree so far as to 'order the land to be resold. The cause will therefore be remanded, to the end that an account may be taken of the amount due plaintiff upon his several claims, after deducting all credits, including the $550 received from the other partner, John W. Gardner; and, when the same is ascertained, that an order may be made directing the property to be sold to satisfy any balance so remaining — the liens of judgments, and all incumbrances in plaintifi’s favor, in the meantime remaining undisturbed.
With this modification the judgment below is
Affirmed.