119 Iowa 444 | Iowa | 1903
The question to be determined in the instant case was whether interveners or the judgment defendant had title
II. From what has been said it is plain that the issues were triable on the law side of the calendar. Bank v. Studemann, 74 Iowa, 104. The pleadings were entitled .as in law, and trial by jury expressly waived. The record discloses no reason for not treating it here as an action at law.
IY. The assignment was executed by Mrs. Hoffmeyer. The court found this was done with the intention of defeating creditors. A review of the evidence will be of no-benefit. Suffice it to say that the finding of the court is-sustained by the evidence. Appellant contends that there-is no evidence of the insolvency of W. F. Hoffmeyer, the-other judgment defendant. If this be conceded as essential, it is to be said that the record shows two judgments-of over $800 each and another of more than $600 were recovered against him in 1891, and a fourth, for $538.70, in 1893. An execution had been returned on one of these,, satisfied only in part. The remainder and the other three judgments are uncollected. This evidence, in the absence-of any explanation, indicates that he was insolvent. The-motion of appellee to affirm is disposed of by recent decisions. — Aeeirmed.