92 Iowa 423 | Iowa | 1894
I. John Walraven and Mary O. Walraven are husband and wife; the other defendants are their sons. In the year 1873, and for some years prior thereto, they lived together as one family, in
About the time of the purchase of the Graham land, there was leased in her name about one thousand acres of land adjoining the Graham tract which, with it, was used for pasturage purposes. At different times during the years 1870 to 1875, inclusive, she borrowed of her son, P. C. Walraven, money earned by him as deputy postmaster at Wheatland, where these parties lived. The amount so borrowed was agreed upon between them in November, 1886, to be three thousand, five hundred and eighty-six dollars and twenty-five cents, and Mrs. Walraven gave her son, P. C., her note for that amount. Defendant, Mary C. Walraven, claims that she paid the purchase price for all this land, and made the improvements thereon, with the money borrowed from her son as before stated, and the earnings and profits arising from the use of the land. It is shown that during all this time her husband was managing the land, and that he conducted nearly all the negotiations resulting in the purchase of it. Defendants claim that in so doing he was acting as the agent of Mary C. Walraven, receiving just such amounts as she chose to pay, which he used for his support and to pay debts he had contracted before his
III. We are satisfied that the town lots in Wheat-land were purchased by defendant Mary C. Walraven with her own money, and that she holds the title there
IV. Plaintiff has failed to produce sufficient evidence to show that the personal property he seeks to subject to his judgment is held in fraud of his rights. This stock belongs to Mary O. Walraven and her sons and daughters, and is largely the increase of animals purchased with the proceeds of the pasture land in Clinton county. Much of it was purchased by the children of John and Mary C. Walraven from their own earnings, and some of it was given to them by Mrs Walraven, to apply on accounts owing them for work. We have gone very carefully over all the testimony in the case, and reach the conclusion that the decree of the district court should be affirmed.