247 F. 443 | 8th Cir. | 1917
The decree of the lower court subjected property that Conrad Peintner claimed to' own to the payment of a judgment against May Peintner, his wife, and from this decree he appealed. He died since the appeal was taken, and his executrix has been substituted as appellant. The judgment was obtained by R. M. Barnes and J. H. Magoon, who are partners engaged in the practice of law. After obtaining a judgment and the return of an execution unsatisfied, they filed the bill in this case, alleging that May Peintner was the owner of lands, but had conveyed the title to another defendant without consideration and for the purpose of defrauding her creditors. It was also charged that with a portion of the proceeds of the sale of other lands belonging to her she had purchased other lands and had caused the deed for them to be made in the name of another to defraud her creditors, and had deposited another portion of the proceeds in a bank under the name, of “Mrs. C. Peintner.” The prayer was for the subjection of this property to the satisfaction of their judgment. By a supplemental bill the plaintiffs made Conrad Peintner a party, alleging that he claimed to be the owner of the property, and praying that he be required to1 assert any claim that he had and that a decree be entered barring him from making any further claim thereto. The answer of Conrad Peintner alleged that when he was old he was married to May Peintner, a young woman, and that she thereafter induced him, by undue influence, duress, and fraud, to convey a large amount of property to her, and that Barnes and Magoon had aided and advised her in obtaining the conveyances, and asked for a dismissal of the bill, and that he be decreed to be the owner of the property.
The questions presénted by appellants’ brief and assignment of errors relate to the sufficiency of the evidence to support the decree. The evidence shows that Conrad Peintner before he was married to May Peintner made her a written promise to convey to her a farm worth ten thousand dollars. After the marriage she endeavored to obtain a conveyance, and employed Mr. Barnes as her attorney. Mr. Barnes had several conversations with Conrad Peintner in regard to it, and finally Conrad Peintner conveyed 320 acres of land to her by deed, reserving the use of it for his life, and conditioned upon her continuing to live with him as his wife. In the following year Mrs. Peintner filed a bill against her husband for separate maintenance, but shortly after-wards this suit was dismissed on the stipulation of the parties. In the following year, Conrad Peintner agreed to make an unconditional conveyance to his wife of the land previously conveyed, and also to con
Appellant further insists that Barnes and Magoon are not entitled to the relief they seek, because they drew the contract signed by Conrad Peintner which contained a recital that the purpose of the deeds then
We find no error in the record and the decree of the lower court will be affirmed.