187 Iowa 193 | Iowa | 1919
The parties agree, and we hold, that, in these circumstances, the gift of the $6,000 and the conveyance by the two deeds are good against the plaintiff, if the evidence establishes that, at the time when the gifts and the deeds were made, Sam Mall had, in the language of Strong v. Lawrence, 58 Iowa 55, other property amply sufficient to pay all his debts. They agree, and we hold, that said gift and said deeds are not effective against the plaintiff, unless the defendants have shown by a preponderance that, at the time when said gift and said deeds were made, such was the financial condition of Sam Mall. See Strong v. Lawrence, supra, and Tyler v. Budd, 96 Iowa 29.
III. Because of findings made in earlier suits to which the-Malls were parties, the same result must be reached.
The earlier suits, then, being proceedings in rem, settle the status of Sam Mall as to all the world, whether notified or not, or present or not. Be that as it may, it was cer.talnly settled as to these two defendants who were parties
It is ordered that the decree below be reversed. Satisfaction- of plaintiff’s judgment shall be first attempted out of Lot No. 2 in Block i in Snyder’s Addition to Belle Plaine, Iowa. If not satisfied therefrom, resort shall next be had, for so much as remains unsatisfied, to the west one half of Lot 7 in Block G, Hutton’s First Addition to Belle Plaine, Iowa. If resort to both these is insufficient to satisfy the plaintiff’s judgment, for any deficiency remaining there shall be subjected the mortgage received by Addie B. Mall for the $6,GOO paid to her by her husband and co-defendant. Plaintiff may have decree in this court, at her election, on application therefor in rule time and manner.— Reversed.