17 Iowa 195 | Iowa | 1864
It will not be practicable, witbintbe reasonable limits of an opinion, to set forth in detail tbe evidence upon which we base our conclusions of fact. This can only be alluded to in the briefest and most concise manner. The respective attorneys have made the case bristle with points of fact and points of law. The three main questions are those contained in the statement (which see), but these, of course, involve many minor or subordinate ones. The first question is this: Was the conveyance of January 15th, 1858, from John Mowre to his son-in-law and co-defendant, William Hoskins, fraudulent in fact? On this point, the testimony is uniform and clear. It was made, as Mowre frequently admitted to others, and as he admits, in his sworn statement and testimony, to keep off an old claim in Indiana, founded upon a sale of land. This abundantly appears from the depositions of Jones, McAtee, Ritz, Carutbers and others. The existence of this real or supposed liability furnished a motive for conveyance to his son-in-law. No money was paid by the latter. His notes were given, but Mowre swears, at one time, that they were afterwards all returned to Hoskins, and at another, that they were all returned as fast as they fell due. Hos-kins never paid anything upon them, and himself admits that Mowre returned to him part of the notes. All of the time Mowre continued to control and enjoy, and apparently to own, the property, the same as if no sale had ever been made. He claimed the property to be his, offered to trade it as his, said that the title was in his son-in-law, but that he could have a deed for it at any time. The testimony of Jones, Shelton, and others, fully connects Hoskins with the purpose of Mowre. Nothing is clearer than that Mowre was the actual owner of the land, and that Hoskins merely held the title for him. Although Mowre may have supposed himself justified in putting the property out of his
At all events he is not entitled to the standing and rights of a bona fide purchaser for value, and without notice.
The decree below ought to be, and is
Affirmed.