70 Iowa 83 | Iowa | 1886
I. The facts alleged in a substituted petition, upon which the case was tried, are as follows: In 1858, Edward Kilbourne became indebted to plaintiff’s father in a large sum, upon a promissory note, which was transferred to plaintiff. On the sixth of February, 1873, plaintiff recovered judgment on the note for $11,084.44, and in March of the same year $6,400 was paid on the judgment, the balance thereof remaining unpaid. December 11, 1871, Kilbourne conveyed the property in controversy to his wife, Caroline, with intent on the part of both to hinder and defraud his creditors. At that time, and continuously thereaftei*, Kil-bourne was insolvent. He died January 10, 1876, leaving surviving him his wife and certain children, who are made defendants in the action. After the commencement of this action, which was on the seventeenth of October, 1882, Caroline died. She devised the property to her children, who are defendants to the action. The defendants in their answer deny the averment of the petition, and plead that the action is barred by the statute of limitations; more than five years having elapsed after the cause of action accrued, . and before the suit was brought.
III. A copy of the deed, certified by the recorder of deeds, was introduced in evidence, upon proof made by attorneys
IY. It is next insisted that the copy does not show the date of the filing of the deed for record. This is a mistake
The law presumes that plaintiff had notice of the deed to the wife from the day it was filed for record. This deed is the very foundation — the heart — of the fraud alleged as the cause of plaintiff’s action. The law, therefore, holds that plaintiff discovered the fraud when she had notice of the deed.
YI. Counsel insist that the statute of limitations did not commence to run until the date of plaintiff’s judgment,—
In our opinion, plaintiff’s action is barred by the statute of limitations. It is not necessary to discuss other questions argued by counsel, as our conclusion upon this point is decisive of the case.
AFFIRMED.