93 Iowa 313 | Iowa | 1895
On the sixth day of April, 1892, the District Court of Muscatine county rendered a judgment in favor of the plaintiff and against the defendant Matthew Klein, for the sum of .six hundred and sixty dollars and ninety-one cents and costs. On the same day, Matthew G. Klein executed to his wife and codefendant, M. Jane Klein, a quitclaim deed for the
It is shown without conflict, in the evidence, that in June, 1891, Mrs. Klein received from her father sis hundred and eighty-one dollars in money, and a tract of land which she afterwards sold for one thousand twee hundred dollars. The father then gave her nineteen dollars, making- the amount of what she had received from him and through him one thousand nine hundred dollars. He instructed her at the time not to let her husband have the money and property thus given her, but to invest and keep it in her own name. She disregarded the instructions, however, and let her husband have nearly four hundred dollars within a short time after she received the money. At the time that wa.s done, nothing was said about a return of the money, but she had a conversation with her father, soon after that time, which led to an agreement between herself and her husband that the land in controversy should be deeded to her, and that he should have what she received from her father. As a result of that agreement, she, from time to time, let him have the remainder of the one thousand nine hundred dollars. At the time the land was conveyed to her, it was worth about three thousand five hundred dollars, but the conveyance was subject to a mortgage on the land to secure the payment of two thousand seven hundred and fifty dollars and interest. Hence, if it be admitted that she shall take-nothing, as against the plaintiff, on account of the money paid without any agreement that it should be