81 Iowa 230 | Iowa | 1890
Appellants’ contention is that, at the time of their marriage, A. S. MePherran had an interest in these lands; that by the marriage the rights of his wife in that interest became vested, and that she did not join in any conveyance thereof at or before the execution of these mortgages. The appellants rely upon Cotton v. Wood, 25 Iowa, 46; Chase v. Abbott, 20 Iowa, 158, and Stinson v. Richardson, 44 Iowa, 375. The facts in this case being entirely different, those cited are not in point. In those cases there was an interest to vest .in the wife, but in this we think the husband had no interest in the lands in question at the time of their marriage that the law would enforce. He had conveyed the lands before marriage by deed absolute omits face, but without consideration, and because of some trouble that had come upon him. We cannot conceive of any trouble that would cause such a conveyance, but a fear of creditors, and if the conveyance was made to defraud creditors, as we conclude it was, then, as to John A., the appellant, A. S., was without remedy, as the law would not permit him to benefit by his own wrong, by compelling a reconveyance. It follows, therefore, that at the time of their marriage A. S. McPherran had no interest in these lands which the law would enforce, and, therefore, no interest to become rested in his wife.
It is contended that, if appellants ever had a homestead in this land, they had abandoned it. Being clearly of the opinion that appellants have no homestead rights in the land, for the reasons already stated, we need not determine whether the facts proven would constitute an abandonment or not.
III. The notes and mortgage executed to appellee were given to secure a loan negotiated by Ebersole & Willett, as attorneys for John A. and A. S. McPherran. The mortgage being junior to that to the 2Etna Insurance Company, and said attorneys having notes in their hands belonging to A. S. McPherran, it was agreed that they should collect said notes, and apply the proceeds, less their charges upon the mortgage debt, to appellee. Appellants contend that the notes were pledged as collateral security for the mortgage debt, and that the full amount realized thereon, less collection fees, should be applied thereon. There were two separate accountings and settlements between A. S. McPherran, appellee and the attorneys, of the amounts collected, and the amount to be credited on the mortgage debt agreed upon and credited.
A further discussion of the 'details of this transaction is unnecessary. It is sufficient to say, that we have examined the record with care, and are satisfied that the amounts found by the circuit court are correct. Our conclusion is that the decree of the circuit court should be AEEIRMED.