34 Iowa 77 | Iowa | 1871
The evidence shows conclusively that the conveyance •was made by the old man for the purpose of keeping his agreement with his son. It was done before any suit was brought by the plaintiff on the patent-right transaction, and there is no evidence to show that even the old man had any knowledge at the time that plaintiff made any claim upon him, growing out of that transaction, and the evidence is clear and positive that James had no knowledge whatever of the existence of plaintiff’s claim at the time he obtained the deed for the farm, or that his father was in any manner indebted. Indeed, the evidence shows the most perfect good faith on the part of all the parties. When Jonas made the purchase of the Hawkins’ farm he took a deed therefor to himself (which he would not have done if he had been contemplating a fraud upon plaintiff), the reason for doing so is shown to have been because he did not then know whether his son would like the place. In a few days thereafter the old man became very ill, and continuing to grow worse, and in the expectation that he must soon die, and lest he should do so without fulfilling his agreement with his son, sent for Hawkins, explained the situation to him and procured a conveyance to be made by him to James, of the place, and the first deed was then destroyed, it not having been recorded. Subsequently, when James came to see his father the latter informed him what he had done and that if - it suited him he could take the deed, which he did. Now the evidence fails to show that the old man had any other motive in the matter than to carry out, in good faith, his engagement with his son, or that he or his son had, at that time, any knowledge whatever of the plaintiff’s claim, or that he was otherwise in debt. It was after the conveyance to James that Hunt first made known to the old man Hoover that he claimed his money back on the patent right trade. Certainly, before
He is equitably entitled to the benefit of his contract as he made it, and, inasmuch as it has been fulfilled and carried out in good faith, he should not be deprived of it.
The conveyance to James was not a voluntary conveyance from father to son. It was upon a valuable consideration, and were the price inadequate, that alone would not be sufficient to vitiate it. Inadequacy of consideration
The judgment of the district court is reversed, with directions to enter a decree dismissing plaintiff’s bill, or appellants will be entitled to such decree in this court if they so elect.
Reversed.