133 Iowa 335 | Iowa | 1907
The forty-acre tract of land mortgaged to plaintiff was acquired by the defendant Frank Whitsel in 1896, and in 1903 he conveyed the same by warranty deed, his wife joining to release dower to. one H. D. Whitsel, Avho immediately thereafter reconveyed the same to the defendants, as owner in common each of an undivided one-half interest; and immediately thereafter the school-fund note and mortgage to plaintiff was executed by the defendants. It is these conveyances from Frank Whitsel to H. D. Whitsel, and in turn from II. D. Whitsel to Frank Whitsel and Nella Whitsel which the intervener alleges to be without consideration and fraudulent as against intervener, at that time a creditor of Frank Whitsel, although the judgment of intervener was not recovered until 1904. The facts relied upon by intervener, as showing the fraudulent character of these conveyances, are that in 1902 the defendant Frank Whitsel, for the purpose of securing credit from intrevener, delivered to it a bond in which he was a co-obligor
We think there can be no doubt under tbe evidence that defendant Frank Wbitsel did actually receive from bis wife at tbe time of, or soon after, tbeir marriage $350, which was the proceeds of real property owned by ber before tbe marriage in Nebraska, with tbe understanding that be should, use the money and repay it to her in tbe future. There is no evidence that tbe transfer to ber of a one-half interest in tbe real estate in controversy, which was procured for $600, although its present value greatly exceeds that amount, was accepted by ber for any other purpose than as payment of bis indebtedness to ber. Indeed, there is no evidence; that at tbe time such conveyance was made tbe wife bad any knowledge that ber husband was indebted to intervener or any other person. We find no ground, therefore, for setting aside in behalf of tbe intervener the conveyance to Nella Wbitsel of the one-half interest which she claims.
The decree of the trial court is in accordance with the evidence, and it is affirmed.