56 Iowa 39 | Iowa | 1881
In 1877, John Orman executed his promissory note to Hamler, as surety for Swaney. This note was assigned to
Mrs. Orman paid nothing at the time the conveyance was made to her; the only consideration therefor being the money she let her husband have in 1835, except that she assunied the payment of a certain mortgage thereon, and also was to pay a certain chattel mortgage on personal property sold her by her busband.
Mrs. Orman testified she took'the conveyance, or, at least, one reason for her so doing was, to present persons from obtaining it from her husband for an inadequate consideration.
Eor some time prior to the conveyance, Mr. Orman’s habits had been bad, and, while under the influence of liquor, he had allowed himself to be imposed upon by others to his pecuniary disadvantage. We think this clearly appears from the evidence of Mrs. Orman, and that to provide herself a home she obtained the conveyance.
We fail to discover from the evidence that she or her husband made the conveyance because of, or in payment of, said money obtained by him of her in 1835. The controlling reason, we think, was to prevent Mr. Orman from squandering his estate. The indebtedness, or supposed indebtedness, which originated at or about the time of the marriage, was not, in our opinion, the inducing cause of the conveyance. If it was, we do not think it can be permitted to stand as against existing creditors. Mrs. Orman was, in no just sense, a creditor of her husband. She, in fact, gave him the money
Reversed.