96 Iowa 616 | Iowa | 1896
On and before tbe first day of June, 1875, the defendant Benjamin Stevens was indebted to tbe plaintiff in tbe sum of two hundred dollars. In August, 1875, tbe plaintiff commenced in tbe district court of Tama county an action on tbe indebtedness, to recover tbe amount due, and in February, 1877, be recovered against Stevensi judgment for two hundred dollars and costs. On tbe nineteenth day of June, 1875, Stevens purchased an improved farm, of one •hundred and sixty acres, situated in T'arna county, for tbe agreed consideration of two thousand four hundred dollars. In payment be gave a note for six hundred dollars, made by himself and a surety, and notes for tbe aggregate sum of one thousand eight hundred dollars, secured by a mortgage on tbe land. Three days after tbe action against Stevens on tbe indebtedness stated was commenced, and before be bad paid any part of tbe purchase price of tbe land, be conveyed it to bis wife and co-defendant, Maggie Stevens, by a deed which was duly recorded on tbe following day. Tbe deed recited a consideration of six hundred dollars, and was subject to the mortgage of one thousand eight hundred dollars. Mrs. Stevens paid nothing for tbe land at that time, but assumed tbe payment of tbe notes her husband bad given for it. In tbe year 1876 she sold the north half of tbe quarter section for one thousand dollars, which she applied on tbe mortgage debt. In tbe year 1882 she sold tbe remainder of the land and purchased a farm of one hundred and twenty acres in Sac county, of which forty acres were broken. Improvements have been made on that, and it has been occupied by the defendants as a home since the spring of 1883. The judgment rendered against